Legal Opinion

Foss v. Peoples Gas Light & Coke Co.

Appellate Court of Illinois

Decided December 7, 1908No. Gen. No. 14,048Published

Bill for accounting. Appeal from the Circuit Court of Cook county; the Hon. Julian W. Mack, Judge, presiding. Heard in this court at the October term, 1907.

1Opinion of the CourtJustice Holdom

The claimed rights of Doll not being involved in this record, with them we therefore have no concern.

Our opinion and discussion on the errors assigned will be restricted to three points: (1) The refusal of the chancellor to allow the motion by Foss to amend his amended bill; (2) the insufficiency of the allegation of ownership of stock, and (3) the doctrine of laches as applied to the averments of the bill.

First. The decision of the court upon the demurrers. was rendered May 2,. 1907. Foss did not at this time move the court for leave to file an additional amendment. He allowed the matter to…

2Cases cited4 opinions

  1. Kerfoot v. BillingsIllinois Supreme Court · 1896
  2. Wilcoxon v. WilcoxonIllinois Supreme Court · 1907
  3. Kilgore v. FergusonIllinois Supreme Court · 1875
  4. Codman v. RogersMassachusetts Supreme Judicial Court · 1830

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