Legal Opinion

Durkee v. People ex rel. Askren

Illinois Supreme Court

Decided April 1, 1895PublishedCited by 37 opinions

Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. Thomas M. Shaw, Judge, presiding. In this quo luarranto proceeding the circuit court of Peoria county overruled a demurrer to the information, and rendered final judgment of ouster and for costs against Edward H. Durkee, the defendant. An appeal to the Appellate Court for the Second District resulted in a judgment of affirmance.

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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Peoria county; the Hon. Thomas M. Shaw, Judge, presiding. In this quo luarranto proceeding the circuit court of Peoria county overruled a demurrer to the information, and rendered final judgment of ouster and for costs against Edward H. Durkee, the defendant. An appeal to the Appellate Court for the Second District resulted in a judgment of affirmance. This further appeal was then taken. The opinion filed in the Appellate Court was as follows : “Cartwright, J.: An information in…

1Opinion of the CourtJustice Baker

We think that the opinion of the Appellate Court aptly and accurately states both the facts and the law of the case. In the brief and argument for appellant filed in this court, it is claimed that the reasons given by that court for the affirmance of the judgment are not satisfactory. The gist of this contention, as we understand counsel, is, that the judgments below are in direct antagonism to the plain provisions of a contract entered into by and between individuals in all respects fully competent to act in relation to the matter involved, and that to declare the contract void in this…

2Cases cited2 opinions

  1. Penn v. BornmanIllinois Supreme Court · 1882
  2. Van Dyck v. . McQuadeNew York Court of Appeals · 1881

3Cited by37 opinions

  1. People Ex Rel. Nelson v. Wiersema State BankIllinois Supreme Court · 1935
  2. National Home Building & Loan Ass'n v. Home Savings BankIllinois Supreme Court · 1899
  3. Reed v. JohnsonWashington Supreme Court · 1901
  4. Luthy v. ReamIllinois Supreme Court · 1915
  5. Hall v. WoodsIllinois Supreme Court · 1927

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