Legal Opinion

Tunesma v. Schuttler

Illinois Supreme Court

Decided May 15, 1885PublishedCited by 10 opinions

Appeal from the Appellate Court for the First District;— . heard in the court on appeal from the Circuit Court of Cook county; the Hon. John G. Roobbs, Judge, presiding. This was an action brought by the appellant, in the circuit court of Cook county, against the appellee, as a stockholder of the late German Savings Bank of Chicago, to recover a balance of $2624.88 due him as a depositor of said bank.

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Appeal from the Appellate Court for the First District;— . heard in the court on appeal from the Circuit Court of Cook county; the Hon. John G. Roobbs, Judge, presiding. This was an action brought by the appellant, in the circuit court of Cook county, against the appellee, as a stockholder of the late German Savings Bank of Chicago, to recover a balance of $2624.88 due him as a depositor of said bank. The action is founded on the 9th section of the charter of the bank, which is as follows: “When default shall be made in the payment of any debt or liability contracted by said corporation, the…

1Opinion of the CourtJustice Mulkey

The decision of this case depends entirely upon the sufficiency of the fourth amended plea, for if it does not present a defence to the action, the demurrer should have been sustained to it, and not to the replication, as was done. On the other hand, if the plea is good, it is quite clear the replication affords no answer to it. Its sufficiency, of course, depends upon the validity of the proceedings under the original bill and supplemental bill, mentioned in the plea,—or, differently expressed, upon whether the court had jurisdiction of the person and subject matter of the suit in those…

2Cases cited4 opinions

  1. Wincock v. TurpinIllinois Supreme Court · 1880
  2. Eames v. DorisIllinois Supreme Court · 1882
  3. Hill v. HillSupreme Court of Alabama · 1846
  4. Gillett v. HallSupreme Court of Connecticut · 1840

3Cited by10 opinions

  1. Taber v. Royal InsuranceSupreme Court of Alabama · 1899
  2. Babka Plastering Co. v. City State BankAppellate Court of Illinois · 1931
  3. Reconstruction Finance Corp. v. Central Republic Trust Co.District Court, N.D. Illinois · 1935
  4. Leucke v. TredwayMissouri Court of Appeals · 1891
  5. Woolverton v. George H. Taylor Co.Appellate Court of Illinois · 1891

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