Richards v. Koon
Illinois Supreme Court
This is a writ of error to correct an order of the Cook Circuit Court, dismissing the bill for want of jurisdiction. The bill of complainants is a bill in aid of execution, stating that the complainants were co-partners, residing in Chicago, in the county of Cook, and as such co-partners, in the term of April, A. D. 1858, recovered, in said Circuit Court, a judgment against Ebenezer Hyde, one of the defendants, for ten hundred and thirty dollars and twenty cents, damages and…
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This is a writ of error to correct an order of the Cook Circuit Court, dismissing the bill for want of jurisdiction. The bill of complainants is a bill in aid of execution, stating that the complainants were co-partners, residing in Chicago, in the county of Cook, and as such co-partners, in the term of April, A. D. 1858, recovered, in said Circuit Court, a judgment against Ebenezer Hyde, one of the defendants, for ten hundred and thirty dollars and twenty cents, damages and costs; the proper issuing of an execution, on the 12th day of May, in the year 1858, directed to the sheriff of…
1Opinion of the CourtCaton, C. J.
This bill was filed under a misapprehension of the principle upon which our courts are organized. The Circuit Court possesses and exercises a two-fold jurisdiction. It exercises both a common law and a chancery jurisdiction. When exercising the first, it is a court of common law, and when exercising the other it is a. court of chancery. Although these jurisdictions are exercised in the same tribunal they are never blended. They are as distinct as if the two courts were presided over by different judges. The fact then that the execution issued from the Cook Circuit Court, gave that court, when…
2Cited by1 opinion
- Moore v. EllsworthIllinois Supreme Court · 1869