Thompson v. Weeks
Appellate Court of Illinois
Appeal from the Circuit Court of Will County; the Hon. Dorance Dibell, Judge, presiding. This was a bill for an injunction filed in the Circuit Court by appellee against appellants seeking to restrain them from in any manner interfering or hindering the operations of appellee, or any of his employes, in excavating and removing sand and loam from the farm of the appellants in the town of New Lenox and from bringing suits against appellee or any of his employes, civil or…
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Appeal from the Circuit Court of Will County; the Hon. Dorance Dibell, Judge, presiding. This was a bill for an injunction filed in the Circuit Court by appellee against appellants seeking to restrain them from in any manner interfering or hindering the operations of appellee, or any of his employes, in excavating and removing sand and loam from the farm of the appellants in the town of New Lenox and from bringing suits against appellee or any of his employes, civil or criminal, on account of any supposed violation of the law in making such excavations. The writ was temporarily granted, but…
1Opinion of the CourtLacey, J.
We think the court below erred in holding that the complainant had a cause of action and that equity had jurisdiction to grant any relief whatever. As we interpret the contract the appellants reserved the special right to permit or prohibit any further excavation on the premises except at “the immediate neighborhood of the farm crossing and the Michigan Central "Railroad,” where a switch was then being placed. This being so, the appellee had no right to remove and commence to excavate at point “ 0” on the same farm eighty rods distant from the place first designated at point “A” without the…
2Cases cited3 opinions
- Morgan's Heirs v. MorganSupreme Court of the United States · 1817
- Gosse v. JonesIllinois Supreme Court · 1874
- Stephenson v. BrowningIllinois Supreme Court · 1868