Hinrichsen v. Van Winkle
Illinois Supreme Court
July 20, 1859, complainant filed his bill in the Morgan Circuit Court, alleging, that on March 24, 1862, complainant, Harry Reinback and Hiram Van Winkle were partners, as merchants, at Franklin, Illinois, under the name of Reinback & Van Winkle, complainant being only silent partner, and not taking active part in the business.
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July 20, 1859, complainant filed his bill in the Morgan Circuit Court, alleging, that on March 24, 1862, complainant, Harry Reinback and Hiram Van Winkle were partners, as merchants, at Franklin, Illinois, under the name of Reinback & Van Winkle, complainant being only silent partner, and not taking active part in the business. In fall of 1852, the firm was dissolved, Van Winkle selling out his entire interest to other members, all the assets going into the hands of Reinback, with all papers, vouchers, etc., who was to collect in money due said firm, and pay the debts of said concern. That in…
1Opinion of the CourtBreese, J.
There is no question about the power of courts of chancery to grant relief against judgments obtained by fraud, or by the occurrence of such accidents as the party could not foresee and provide against. Propst v. Meadows, 13 Ill. 157; Nelson v. Rockwell, 14 id. 376. Proceedings to set such a judgment aside, being purely original, they may be instituted either at law or in equity, at the option of the injured party. 2 Leading Oases in Equity, Hare & Wallace, 97.
In the case of The Marine Insurance Co. of Alexandria v. Hodgson, 7 Cranch, 332, Chief Justice Marshall stated the rule which prevails…
2Cases cited2 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Propst v. MeadowsIllinois Supreme Court · 1851
3Cited by6 opinions
- Miller v. BartoIllinois Supreme Court · 1910
- Holmes v. StatelerIllinois Supreme Court · 1870
- Bonn v. ArthAppellate Court of Illinois · 1947
- Stasel v. American Home Security Corp.Illinois Supreme Court · 1935
- Newman v. SchueckAppellate Court of Illinois · 1895
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