Farmers Oil & Supply Co. v. Illinois Central Railroad

Mr. PRESIDING JUSTICE TRAPP

specially concurring in part and dissenting in part:

I concur in the disposition reached for the reason that our Courts have consistently held that they will not entertain an action for declaratory judgment which has the effect of ousting the court which, in fact, had jurisdiction of the subject matter and parties. (Fairbanks, Morse & Co. v. Freeport, 5 Ill.2d 85, 125 N.E.2d 57; Trojan Fireworks Co. v. Acme Specialties Corp., 66 Ill.App.2d 108, 213 N.E.2d 44; Wolf v. Solem, 26 Ill.App.2d 262, 167 N.E.2d 820.) Within such context it is not necessary to consider the…