Toledo, St. Louis & New Orleans R. R. v. St. Louis & Ohio River Railroad
Illinois Supreme Court
Appeal from the Circuit Court of Pope county; the Hon. W. W. Duncan, Judge, presiding. This is an appeal from a decree of the circuit court of Pope county dismissing a bill for an injunction which had been filed by the appellant railroad company and Jacob W. Michell, and assessing damages againstappellants for the wrongful suing out of the injunction writ.
Read the full summary
Appeal from the Circuit Court of Pope county; the Hon. W. W. Duncan, Judge, presiding. This is an appeal from a decree of the circuit court of Pope county dismissing a bill for an injunction which had been filed by the appellant railroad company and Jacob W. Michell, and assessing damages againstappellants for the wrongful suing out of the injunction writ. The bill was on January 5, 1903, presented to the master in chancery of Pope county, who on the same day ordered a temporary injunction to issue, which was served on appellees January 6, 1903. An answer was filed to this bill, but the…
1Opinion of the CourtJustice Scott
First—It is sought by the amended bill herein to set aside and annul the deed dated July 1, 1901, from Jacob W. Michell and wife to the St. Louis and Ohio River Railroad Company, hereinafter referred to as the Ohio River company, on account of fraud and misrepresentation in procuring the same. The proof is not sufficient to warrant relief on this ground, and "counsel do not press this question in this court. B
Second—The amended bill prays that the deed of July 1, 1901, be set aside for the reason that the condition subsequent therein contained, which is set out verbatim in the foregoing"…
2Cases cited8 opinions
- Monson v. BragdonIllinois Supreme Court · 1895
- Lesher v. Wabash Navigation Co.Illinois Supreme Court · 1852
- Richards v. Lake Shore & Michigan Southern Railway Co.Illinois Supreme Court · 1888
- Douglas v. Union Mutual Life Ins.Illinois Supreme Court · 1889
- Parker v. ShannonIllinois Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Brauer v. LaughlinIllinois Supreme Court · 1908
- Golconda Northern Railway v. Gulf Lines Connecting RailroadIllinois Supreme Court · 1914
- Gulf Lines Connecting Railroad v. Golconda Northern RailwayIllinois Supreme Court · 1919
- Brownback v. KeisterIllinois Supreme Court · 1906
- Deerfield Lumber Co. v. LymanSupreme Court of Vermont · 1915
14 more not listed; retrieve them via the Exa API.