Legal Opinion

Brin v. Craig

Appellate Court of Illinois

Decided July 1, 1907No. Gen. No. 13,773PublishedCited by 9 opinions

Bill for specific performance. Appeal from the Superior Court of Cook county; the Hon. Willabd M. McEwjsn, Judge, presiding. Statement toy the Court. The bill in this case is in the nature of one for specific performance and comes before us upon an appeal from an interlocutory order of injunction entered by the Superior Court, without notice. The parties will be here referred to by their titles in the court below.

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Bill for specific performance. Appeal from the Superior Court of Cook county; the Hon. Willabd M. McEwjsn, Judge, presiding. Statement toy the Court. The bill in this case is in the nature of one for specific performance and comes before us upon an appeal from an interlocutory order of injunction entered by the Superior Court, without notice. The parties will be here referred to by their titles in the court below. It appears from the averments of the bill that complainant conducts a drug store and practices the profession of a medical man at 5900 Halsted street in a building owned by the…

1Opinion of the CourtJustice Holdom

In the conclusion to which we have arrived we deem it inexpedient and unnecessary to tread the domain of the merits of the cause made by the bill, if any appears. Our opinion will be restricted to a discussion and decision of the one question as to whether or not the injunction, in being issued without notice, was contrary to the statute and the construction put upon it by the courts.

The agreement for a new ten year term lease appears to have been made four years and eight months prior to the expiration of the term of the existing lease. No time is mentioned in the bill when complainant…

2Cases cited3 opinions

  1. Becker v. DefebaughAppellate Court of Illinois · 1896
  2. Brough v. SchanzenbachAppellate Court of Illinois · 1895
  3. Chicago City Ry. Co. v. Montgomery Ward & Co.Appellate Court of Illinois · 1898

3Cited by9 opinions

  1. Skarpinski v. Veterans of Foreign Wars of United StatesAppellate Court of Illinois · 1951
  2. Stenzel v. YatesAppellate Court of Illinois · 1951
  3. Grossman v. GrossmanAppellate Court of Illinois · 1940
  4. Streamwood Home Builders, Inc. v. BrolinAppellate Court of Illinois · 1960
  5. Crown Building Corp. v. Monroe Amusement Corp.Appellate Court of Illinois · 1945

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