Legal Opinion

Griswold v. Brega

Illinois Supreme Court

Decided March 28, 1896PublishedCited by 17 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. Appellees filed their bill in equity in the circuit court of Cook county, against appellants and the city of Chicago and its commissioners of public works and public buildings, for an injunction and for other relief.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Abner Smith, Judge, presiding. Appellees filed their bill in equity in the circuit court of Cook county, against appellants and the city of Chicago and its commissioners of public works and public buildings, for an injunction and for other relief. The bill alleges that appellee Charles W. Brega is the owner of certain pre mises in east end subdivision in the city of Chicago, on the east side of East End avenue, between Fifty-fourth and Fifty-fifth streets; that…

1Opinion of the CourtJustice Carter

The findings of fact set forth in the decree fully sustain the allegations of the bill, and as no certificate of evidence was filed, no question of fact is presented for our decision.

The only contention of counsel for appellants is, that, conceding all that is alleged in the bill and found by the decree, equity has no jurisdiction to enjoin appellants from removing the wooden building onto the premises in question within what is known as the “fire limits” in the city of Chicago, contrary to the provisions of the city ordinance. It is contended, and numerous authorities are cited to support…

2Cases cited2 opinions

  1. First National Bank v. SarllsIndiana Supreme Court · 1891
  2. King v. DavenportIllinois Supreme Court · 1881

3Cited by17 opinions

  1. Fitzgerald v. Merard Holding Co.Supreme Court of Connecticut · 1927
  2. Greenwich Gas Co. v. TuthillSupreme Court of Connecticut · 1931
  3. Holzbauer v. RitterWisconsin Supreme Court · 1924
  4. Patterson v. JohnsonIllinois Supreme Court · 1905
  5. Joseph v. Wieland Dairy Co.Illinois Supreme Court · 1921

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