Chicago Auditorium Ass'n v. Willing

EVAN A. EVANS, Circuit Judge.

This appeal involves solely a question of equity jurisdiction. The District Court dismissed the suit, concluding that the alleged facts were insufficient to invoke the jurisdiction of a court of equity. It did not pass upon the existence of facts necessary to sustain the relief sought, providing the court had jurisdiction. In other words, two questions were presented to the District Court. One was a question of law — the sufficiency of the allegations of the bill to invoke the court’s jurisdiction. The other was one of fact — the sufficiency of the evidence to…