Legal Opinion

Maloney v. Dewey

Illinois Supreme Court

Decided January 25, 1889PublishedCited by 22 opinions

Writ óe Error to the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. Edward Dewey obtained a decree in the Circuit Court of the United States for the Northern District of Illinois, in a certain cause,pending in that court wherein he was complainant, and John Maloney, William Maloney, John Maloney, Jr., Catherine Maloney, Charles E. Durand, John Mattocks, the city of Chicago and Isaac Tomlinson, were defendants, foreclosing a certain deed of trust…

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Writ óe Error to the Superior Court of Cook county; the Hon. John A. Jameson, Judge, presiding. Edward Dewey obtained a decree in the Circuit Court of the United States for the Northern District of Illinois, in a certain cause,pending in that court wherein he was complainant, and John Maloney, William Maloney, John Maloney, Jr., Catherine Maloney, Charles E. Durand, John Mattocks, the city of Chicago and Isaac Tomlinson, were defendants, foreclosing a certain deed of trust on land alleged to have been owned by Mary Maloney, and deeded by her and her husband, John Maloney, in trust, to secure…

1Opinion of the CourtJustice Scholfield

This bill attacks collaterally the validity of a decree of the Circuit Court of the United States. It alleges, for reasons hereafter to be noticed, that such decree is void, and therefore claims the right of those representing the makers of the trust deed, to redeem from it, just as if that decree had never been rendered. The general rule is, that where it is once made to appear that a court has jurisdiction, both of the subject matter and of the parties, the judgment or decree which it pronounces must be held conclusive and binding upon the parties thereto and their privies, notwithstanding…

2Cases cited8 opinions

  1. Windsor v. McVeighSupreme Court of the United States · 1876
  2. Wallace v. McConnellSupreme Court of the United States · 1839
  3. Sarah v. ReadIllinois Supreme Court · 1882
  4. Stigers v. BrentCourt of Appeals of Maryland · 1879
  5. Loyd v. MaloneIllinois Supreme Court · 1859

3 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Steinbrecher v. SteinbrecherIllinois Supreme Court · 2001
  2. Norris v. IleIllinois Supreme Court · 1894
  3. Vance v. EllerbeSupreme Court of Louisiana · 1922
  4. Withrow v. SmithsonWest Virginia Supreme Court · 1893
  5. Beckley Nat. Bank v. BooneCourt of Appeals for the Fourth Circuit · 1940

17 more not listed; retrieve them via the Exa API.

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