Legal Opinion

Robbins v. Butler

Illinois Supreme Court

Decided April 15, 1860PublishedCited by 36 opinions

This was a bill filed by Charles Butler, John P. Chapin, and Walter S. Gurnee, on behalf of themselves and all other shareholders in the Chicago Land Company, and Mahlon D. Ogden, the surviving trustee of said association, against Allen Robbins, for a specific performance of a contract for a sale of land in the city of Chicago.

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This was a bill filed by Charles Butler, John P. Chapin, and Walter S. Gurnee, on behalf of themselves and all other shareholders in the Chicago Land Company, and Mahlon D. Ogden, the surviving trustee of said association, against Allen Robbins, for a specific performance of a contract for a sale of land in the city of Chicago. The bill avers, that on the 31st of May, 1847, William B. Ogden and Allen Robbins were owners in fee simple, as joint tenants, and not as tenants in common, of certain parcels of land, situate in Chicago, Cook county, Illinois, (describing them.) • That one Jane E.…

1Opinion of the CourtBreese, J.

We have devoted all the time at our command to the examination of this record, the errors assigned upon it, and to the arguments submitted by counsel, and have arrived at the conclusions we now proceed to state.

As to the first error assigned, objections to the competency of a witness are not now regarded by courts with as much favor as in former times, their credibility, under all the circumstances, being left to the jury trying the case. In chancery proceedings, where the court alone hears the testimony, the same rule ought to obtain. It is a settled principle, that an interested witness can…

2Cited by36 opinions

  1. People v. BranderIllinois Supreme Court · 1910
  2. Taylor v. MerrillIllinois Supreme Court · 1870
  3. Gardner v. MeekerIllinois Supreme Court · 1897
  4. White v. RossIllinois Supreme Court · 1895
  5. Hossack v. Ottawa Development Ass'nIllinois Supreme Court · 1910

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