Legal Opinion

Gray v. Ames

Illinois Supreme Court

Decided February 21, 1906PublishedCited by 27 opinions

Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. On September 2, 1898, appellee filed her bill in the superior court of Cook county, against appellant, for the specific performance of a contract, by the terms of which the appellee agreed to convey to appellant a certain stock of goods in the city of Peoria in exchange for a house and lot in the city of Chicago.

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Appeal from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. On September 2, 1898, appellee filed her bill in the superior court of Cook county, against appellant, for the specific performance of a contract, by the terms of which the appellee agreed to convey to appellant a certain stock of goods in the city of Peoria in exchange for a house and lot in the city of Chicago. The specific terms of the contract and the facts as they appeared upon the hearing are, in our view of the case, immaterial in its consideration. After the bill was filed, and before the…

1Opinion of the CourtJustice Wilkin

The points raised by this appeal turn upon the question as to whether or not the decree entered on June 20, 1902, was final. In Mills v. Hoag, 7 Paige’s Ch. 18, (31 Am. Dec. 271,) it is said: “Chief Justice Savage defines a final decree to be the last decree which is necessary to be entered to give to the parties the full and entire benefit of the judgment of the court.” A final decree is one which fully decides and finally disposes of the entire merits of the case. Some other order or decree of the court may be necessary to carry into effect the rights of the parties or some incidental…

2Cases cited3 opinions

  1. Ernst Tosetti Brewing Co. v. KoehlerIllinois Supreme Court · 1902
  2. Myers v. MannyIllinois Supreme Court · 1872
  3. Caswell v. ComstockMichigan Supreme Court · 1859

3Cited by27 opinions

  1. Wells v. ShriverSupreme Court of Oklahoma · 1921
  2. Altschuler v. AltschulerIllinois Supreme Court · 1948
  3. Drummer Creek Drainage District v. RothIllinois Supreme Court · 1910
  4. Eich v. CzervonkoIllinois Supreme Court · 1928
  5. State Ex Rel. Croker v. ChillingworthSupreme Court of Florida · 1932

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