Milk v. Moore
Illinois Supreme Court
Appeal from the Circuit Court of Livingston county. This was a bill in chancery, filed at the Term, 1864, by Lemuel Milk and Franklin Howard, survivors of William Howard, deceased, as complainants, against Foster Moore, as defendant, to foreclose a mortgage given by the said defendant, on the 11th of June, 1851, to secure the performance of a contract, by which the said defendant took 424 head of sheep of the said complainants, to keep for the term of three years, and to…
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Appeal from the Circuit Court of Livingston county. This was a bill in chancery, filed at the Term, 1864, by Lemuel Milk and Franklin Howard, survivors of William Howard, deceased, as complainants, against Foster Moore, as defendant, to foreclose a mortgage given by the said defendant, on the 11th of June, 1851, to secure the performance of a contract, by which the said defendant took 424 head of sheep of the said complainants, to keep for the term of three years, and to deliver 634-J- pounds of wool each year during said term, and to return to said complainants, at the expiration of said…
1Opinion of the CourtChief Justice Walker
This-was a bill in chancery filed to foreclose a mortgage. It was tried in the court below, by a jury, and the bill was dismissed with a decree for costs against complainant. The cause is brought to this court on error, to reverse that decree.
The first deviation from long settled and uniform practice in a court of equity, was in referring the whole case to a jury for trial. Such a practice is unknown to the courts of equity both in Great Britain and in this country. In this court no question is ever submitted to a jury, except on a feigned issue, which, when the common law and equity…
2Cited by13 opinions
- Brown v. Miner, Frost & HubbardIllinois Supreme Court · 1889
- People Ex Rel. Carey v. WhiteIllinois Supreme Court · 1976
- Keith v. HenklemanIllinois Supreme Court · 1898
- Biggerstaff v. BiggerstaffIllinois Supreme Court · 1899
- Ennesser v. HudekIllinois Supreme Court · 1897
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