Legal Opinion

Marble v. Bonhotel

Illinois Supreme Court

Decided April 15, 1864PublishedCited by 13 opinions

Writ of Error to the Circuit Court of Jo Daviess county; the Hon. Benjamin B. Sheldon, Judge, presiding. Henry P. Bonhotel exhibited his bill in chancery in the court below, against Oliver Marble. The case as presented in the original bill, is as follows:: Complainant is a miner by trade, and with Joseph Wise, also a miner, in March or April, a. d. 1862, engaged together as partners in prospecting for lead ore on the mineral land of Mi’s.

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Writ of Error to the Circuit Court of Jo Daviess county; the Hon. Benjamin B. Sheldon, Judge, presiding. Henry P. Bonhotel exhibited his bill in chancery in the court below, against Oliver Marble. The case as presented in the original bill, is as follows:: Complainant is a miner by trade, and with Joseph Wise, also a miner, in March or April, a. d. 1862, engaged together as partners in prospecting for lead ore on the mineral land of Mi’s. Kamphouse and Elizabeth Kamphouse, her daughter, situate in Rice township, Jo Daviess county, Rlinois, and discovered a small lead or vein of mineral, and…

1Opinion of the Court

Mr. Chief Justice "Walkee

delivered the opinion of the Court:

The granting of a temporary injunction by either the court or by a judge in-vacation is -a matter: of sound discretion, and cannot be reviewed, on appeal or error. If upon motion or the coming.in of the answer, the court becomes satisfied that it was improvidently-issued, it would be dissolved. But on the final hearing, it is error for the court wrongfully to make it perpetual, or to wrongfully refuse to do so, and such decree may be reviewed in an appellate court. The awarding of the temporary injunction in this case, even if it…

2Cases cited1 opinion

  1. Hunt v. TinkhamIllinois Supreme Court · 1859

3Cited by13 opinions

  1. Daniels v. DanielsSupreme Court of Colorado · 1886
  2. Fowler v. FowlerIllinois Supreme Court · 1903
  3. Booth v. WileyIllinois Supreme Court · 1881
  4. Patterson v. JohnsonIllinois Supreme Court · 1905
  5. Anthony v. SlaydenSupreme Court of Colorado · 1900

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