Blinn v. Riggs
Appellate Court of Illinois
Bill for an Injunction.—Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge presiding. Heard in the Branch Appellate Court at the March term, 1903. This is a contest between two sets of stockholders of the Mutual Life Insurance Company of Illinois. One set was enjoined and appeals.
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Bill for an Injunction.—Appeal from the Circuit Court of Cook County; the Hon. Edward F. Dunne, Judge presiding. Heard in the Branch Appellate Court at the March term, 1903. This is a contest between two sets of stockholders of the Mutual Life Insurance Company of Illinois. One set was enjoined and appeals. The injunction was issued upon a bill alleging in substance, as follows: The company was organized August 30, 1901, under the act of 1869, with a capital stock of $500,000, divided into 5,000 shares of $100 each. After the stock had been fully subscribed, by-laws were adopted, and nine…
1Opinion of the CourtJustice Stein
• First. A court of chancery has no jurisdiction to try title to office upon a bill filed purely for that purpose, the proper remedy being by quo warranto. Kean v. Union Water Co., 52 N. J. Eq. 813; Perry v. Oil Co., 93 Ala. 372; Jenkins v. Baxter, 160 Pa. St. 199; Lawson v. Kolbenson, 61 Ill. 405.
But as was held in Chicago Macaroni Co. v. Boggiano, 202 Ill. 312, and Garmire v. Mining Co., 93 Ill. App. 331, the court may determine who are the proper officers by way of affording incidental relief where it has jurisdiction upon other grounds. That the bill at bar presents such- a cise, appears…
2Cases cited6 opinions
- Gamble v. Queens County Water Co.New York Court of Appeals · 1890
- Chicago Macaroni Manufacturing Co. v. BoggianoIllinois Supreme Court · 1903
- Lawson v. KolbensonIllinois Supreme Court · 1871
- Perry v. Tuskaloosa Cotton Seed Oil Mill Co.Supreme Court of Alabama · 1890
- Bjorngaard v. Goodhue County BankSupreme Court of Minnesota · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Chambers v. Beaver-Advance Corp.Supreme Court of Pennsylvania · 1958
- Russell v. Henry C. Patterson Co.Supreme Court of Pennsylvania · 1911
- West Side Hospital v. SteeleAppellate Court of Illinois · 1906
- Pierik v. MuellerAppellate Court of Illinois · 1915