Cahill v. Welch
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. This was a bill filed in the superior court of Cook county by the appellant, against the appellee, to restrain appellee from interfering with her possession of certain premises described in the bill, by writ of possession, forcible detainer or otherwise, and for other relief.
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Appeal from the Superior Court of Cook county; the Hon. Jesse Holdom, Judge, presiding. This was a bill filed in the superior court of Cook county by the appellant, against the appellee, to restrain appellee from interfering with her possession of certain premises described in the bill, by writ of possession, forcible detainer or otherwise, and for other relief. The appellee, prior to the time of filing the bill, had foreclosed a mortgage on the premises, executed to her thereon by one Edward T. Cahill, the son of the appellant, and as purchaser at said foreclosure sale held a master’s deed…
1Opinion of the CourtChief Justice Hand
delivered the opini.on of the court:
The appellee has entered a motion in this court to dismiss the appeal on the ground that the suit was voluntarily dismissed by the appellant, which has been reserved. An order dissolving'an injunction is interlocutory, and not final, and an appeal does not lie from such order; (Knapp v. Marshall, 26 Ill. 63; Weaver v. Poyer, 70 id. 567; Williams v. Chicago Exhibition Co. 188 id. 19;) but where the sole object of a bill is to obtain an injunction, and a demurrer is filed or a motion is made to dissolve the injunction upon the face of the bill, and the…
2Cases cited3 opinions
- Goddard v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1903
- Knapp v. MarshallIllinois Supreme Court · 1861
- Prout v. LomerIllinois Supreme Court · 1875
3Cited by6 opinions
- Kallista v. AhaltAppellate Court of Illinois · 1909
- Wendt v. City of ElginAppellate Court of Illinois · 1932
- Stamatakos v. McCaffreyAppellate Court of Illinois · 1913
- Stephens v. StephanAppellate Court of Illinois · 1919
- Bill Board Publishing Co. v. McCarahanAppellate Court of Illinois · 1913
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