Adams v. Shirk
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. In March, 1891, Smith took a 99-year lease of certain real estate in Chicago from Elbert W. Shirk, in whose name the legal title then stood. The lessee agreed to pay rent, taxes, special assessments, and insurance.
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In Error to the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. In March, 1891, Smith took a 99-year lease of certain real estate in Chicago from Elbert W. Shirk, in whose name the legal title then stood. The lessee agreed to pay rent, taxes, special assessments, and insurance. The lease contained covenants that the lessee would not assign without the written consent of the lessor; that, if an assignment were made, it should be evidenced by an instrument in writing containing a clause sufficient in law to the effect that the assignee…
1Opinion of the CourtBaker, Circuit Judge
Inasmuch as no issue of former adjudication was made, tried, and determined in favor of defendants in error, the questions that are duly presented by the present record remain at large.
i. Prior to the act of March 3, 1875 (18 Stat. 472), if the necessary diversity of citizenship was duly pleaded in the declaration or bill of complaint, evidence to the contrary was inadmissible, except under a plea in abatement in the nature of a plea to the jurisdiction, and a plea to the merits was a waiver of the plea in abatement. Farmington Village Corp. v. Pillsbury, 114 U. S. 138, 5 Sup. Ct. 807, 29 L.…
2Cases cited19 opinions
- Anderson v. WattSupreme Court of the United States · 1891
- Morris v. GilmerSupreme Court of the United States · 1889
- Union Mutual Life Insurance v. HanfordSupreme Court of the United States · 1892
- Dean v. WalkerIllinois Supreme Court · 1882
- Farmington v. PillsburySupreme Court of the United States · 1885
14 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Galt v. CommissionerUnited States Tax Court · 1953
- Kanawha-Gauley Coal & Coke Co. v. SharpWest Virginia Supreme Court · 1914
- Hill v. WalkerCourt of Appeals for the Eighth Circuit · 1909
- Bjornquist v. Boston & A. R.Court of Appeals for the First Circuit · 1918
- Cohen v. ToddSupreme Court of Minnesota · 1915
20 more not listed; retrieve them via the Exa API.