Albright v. Smith
Illinois Supreme Court
Writ op Error to the Circuit Court of Fayette county; the Hon. Arthur J. Gallagher, Judge, presiding. This was a bill in chancery, by John C. Albright, John M. Murrie, Mark B. Bain, Isaac Tumbo, William Murrie, John Whitesides, James M. Murrie, and Lewis Seibman, against Jason B. Smith, county judge, James J. Hogg, associate judge, and A. J. Kuykendall and Joseph Frick. The object of the bill, and the proceedings under it, are stated in the opinion.
1Opinion of the CourtJustice Scholfield
This suit was commenced by the plaintiffs in error; for the purpose of enjoining the defendants from constructing a court house in Johnson county, under what they alleged to be a fraudulent contract. A preliminary injunction was issued, answers of the defendants denying the allegations of the bill, under oath, filed, and a change of venue awarded to Fayette county.
At the July term, 1869, of the Fayette circuit court, the complainants moved to continue the cause, pending a motion to dissolve the injunction, but the court overruled the motion to continue, and sustained the motion to dissolve…
2Cases cited1 opinion
- Forth v. Town of XeniaIllinois Supreme Court · 1870
3Cited by12 opinions
- Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
- Metheny v. BohnIllinois Supreme Court · 1897
- Delahanty v. WarnerIllinois Supreme Court · 1874
- Spring v. Collector of OlneyIllinois Supreme Court · 1875
- Gerard v. GateauAppellate Court of Illinois · 1884
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