Weber v. Zacharias
Appellate Court of Illinois
Bill for an Accounting.—Appeal from the Circuit Court of Cook County; the Hon. Elbridge Haneoy, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. Appellant filed in the Circuit Court his bill for an ascertainment of the state of and right to the assets of the partnership once existing between him and appellee, Albert Zacharias.
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Bill for an Accounting.—Appeal from the Circuit Court of Cook County; the Hon. Elbridge Haneoy, Judge presiding. Heard in the Branch Appellate Court at the October term, 1901. Appellant filed in the Circuit Court his bill for an ascertainment of the state of and right to the assets of the partnership once existing between him and appellee, Albert Zacharias. The bill having been answered the cause was heard upon the following stipulation of facts: “ It is stipulated by the parties to this suit that this cause be tried upon the facts hereinafter stated, and upon none others, and that not only…
1Opinion of the Court
Mr. Presiding Justice Waterman
delivered the opinion of the court.
Counsel for appellee say that the bill filed herein is primarily a bill for a partnership accounting and dissolution and that the relief prayed for against the judgment creditors and sheriff is absolutely dependent upon the establishment of the right to the relief prayed for against Zacharias. We fail to see why it was necessary that Zacharias be made a party to appellant’s bill. Under the stipulated facts it is apparent that the sum in appellant’s hands is not sufficient to discharge the claim of the judgment creditors who are…
2Cases cited4 opinions
- Coudrey v. GilliamSupreme Court of Missouri · 1875
- Askew v. SpringerIllinois Supreme Court · 1884
- McClung v. CapehartSupreme Court of Minnesota · 1877
- Weber v. HertzIllinois Supreme Court · 1900
3Cited by1 opinion
- Carson v. CrossmanSupreme Court of Oklahoma · 1924