Elser v. Village of Gross Point
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. J. W. Mack, Judge, presiding. On November 8, 1905, Benjamin G. Elser filed his bill in the circuit court of Cook county praying for an injunction restraining the village of Gross Point and Joseph Braun from making certain contemplated changes in a culvert or waterway, which it is alleged would injure and damage Elser’s land.
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Appeal from the Circuit Court of Cook county; the Hon. J. W. Mack, Judge, presiding. On November 8, 1905, Benjamin G. Elser filed his bill in the circuit court of Cook county praying for an injunction restraining the village of Gross Point and Joseph Braun from making certain contemplated changes in a culvert or waterway, which it is alleged would injure and damage Elser’s land. Elser was the owner in fee of about six acres of land lying within the corporate limits of Gross Point, fronting on a highway known as “Church road,” and he also claimed to be the owner of the fee in the land occupied…
1Opinion of the CourtJustice Vickers
‘ Two grounds are urged in support of the decree of the circuit court: '(1) That there is no equity on the face of the bill; (2) that there is sufficient evidence of champerty, collusion and imposition to warrant the court in dismissing the bill on that ground.
This being a bill for an injunction and no other relief, if upon the face of the bill no sufficient ground for equitable relief is shown, the court may, on motion,'dissolve the injunction and dismiss the bill. (Edwards v. Beaird, Breese, 70; State Bank v. Stanton, 2 Gilm. 352; Puterbaugh v. Elliott, 22 Ill. 157; Winkler v. Winkler, 40…
2Cases cited6 opinions
- Peck v. HerringtonIllinois Supreme Court · 1884
- Stetson v. Chicago & Evanston RailroadIllinois Supreme Court · 1874
- Hicks v. SillimanIllinois Supreme Court · 1879
- Torrence v. SheddIllinois Supreme Court · 1884
- Puterbaugh v. ElliottIllinois Supreme Court · 1859
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3Cited by29 opinions
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- Roe v. County of CookIllinois Supreme Court · 1934
- Barrington Hills Country Club v. Village of BarringtonIllinois Supreme Court · 1934
- HERITAGE STANDARD BK. AND TRUST CO. v. Trustees of SchoolsAppellate Court of Illinois · 1980
- McGoey v. BraceAppellate Court of Illinois · 2009
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