Roby v. South Park Commissioners
Illinois Supreme Court
Writ oe Error to the Superior Court of Cook county; the Hon. Earein Q. Baee, Judge, presiding. On August 17, 1905, Charles W. Colehour filed a bill in the superior court of Cook county against the South Park Commissioners, Edward Roby, Carrie M. Colehour and Azel P. Hatch. The bill was amended, additional parties were made, Hatch died and his administrator was substituted in his place. The defendants answered and the cause was put at issue by the filing of replications.
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Writ oe Error to the Superior Court of Cook county; the Hon. Earein Q. Baee, Judge, presiding. On August 17, 1905, Charles W. Colehour filed a bill in the superior court of Cook county against the South Park Commissioners, Edward Roby, Carrie M. Colehour and Azel P. Hatch. The bill was amended, additional parties were made, Hatch died and his administrator was substituted in his place. The defendants answered and the cause was put at issue by the filing of replications. On June 24, 1908, Edward Roby filed a cross-bill, to which a demurrer by the South Park Commissioners was sustained on July…
1Opinion of the CourtJustice Dunn
The only error assigned is on the action of the court in sustaining the demurrer to the cross-bill and dismissing the cross-bill. The cause has been argued on the part of the plaintiff in error as if the cross-bill were an original bill and as if the only question to be determined were whether the cross-bill states such a case as entitles the complainant to some equitable relief. This is a misapprehension. The record shows that .after the cross-bill was dismissed the cause was submitted for final hearing upon the original, bill, (to which the plaintiff in error, having refused to join as…
2Cases cited4 opinions
- Morgan v. SmithIllinois Supreme Court · 1849
- Newberry v. BlatchfordIllinois Supreme Court · 1882
- Whitney v. MayoIllinois Supreme Court · 1853
- Wing v. GoodmanIllinois Supreme Court · 1874
3Cited by8 opinions
- Bittner v. FieldIllinois Supreme Court · 1933
- Ford v. AdkinsDistrict Court, E.D. Illinois · 1941
- Stipanowich v. SleethIllinois Supreme Court · 1932
- Miller v. MoseleyIllinois Supreme Court · 1924
- Mundell v. CravensAppellate Court of Illinois · 1932
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