Kappes v. City of Chicago
Appellate Court of Illinois
Bill for injunction. Appeal from the Superior Court of Cook County; the Hon. Theodobe Beentano, Judge, presiding. Statement by the Court.
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Bill for injunction. Appeal from the Superior Court of Cook County; the Hon. Theodobe Beentano, Judge, presiding. Statement by the Court. April 16, 1904, the appellants George J. Kappes and Max Eickelbeig, individually and as copartners as Kappes and Eickelberg, “in behalf of themselves and all other similarly situated,” filed their bill in chancery in the Superior Court of Cook county to restrain the enforcement of section nine as amended October 28, 1901, of an ordinance of the city of Chicago passed July 6, 1899, entitled, “An Ordinance concerning Cigarettes.” The bill, after amendment, in…
1Opinion of the CourtJustice Brown
It is objected by the 'appellee to the consideration of the substantive merits of the appellants’ contentions, that a bill will not lie “to enjoin the enforcement of an ordinance that . has not as yet been held to be invalid.” We could not sustain this objection without ignoring the plain language of the Supreme Court in City of Chicago v. Collins, 175 Ill. 445, and Wilkie v. Chicago, 188 Ill. 444. Counsel for appellee seek to distinguish these cases from the one at bar by saying that in them there were enough complainants to show on the face of the bill that they were representatives of the…
2Cases cited4 opinions
- Crowley v. ChristensenSupreme Court of the United States · 1890
- Gundling v. City of ChicagoIllinois Supreme Court · 1898
- City of Chicago v. CollinsIllinois Supreme Court · 1898
- Wilkie v. City of ChicagoIllinois Supreme Court · 1900
3Cited by2 opinions
- Illinois Cigarette Service Co. v. City of ChicagoCourt of Appeals for the Seventh Circuit · 1937
- Goodrich v. StateWisconsin Supreme Court · 1907