Legal Opinion · Dissent

Hawley v. State Bank

Appellate Court of Illinois

Decided May 27, 1907No. Gen. No. 13,274Published

Injunctional proceeding. Appeal from the Circuit Court of Cook county; the Hon. Lockwood Honobb, Judge, presiding. Heard in this court at the March term, 1907. Statement by the Court. This appeal is by one M. J. Hawley from an injunction pendente lite issued by a chancellor in the Circuit Court in the case of Buckingham and others against The Traders Insurance Company, on the motion of The State Bank of Chicago, a receiver appointed in said cause.

Read the full summary

Injunctional proceeding. Appeal from the Circuit Court of Cook county; the Hon. Lockwood Honobb, Judge, presiding. Heard in this court at the March term, 1907. Statement by the Court. This appeal is by one M. J. Hawley from an injunction pendente lite issued by a chancellor in the Circuit Court in the case of Buckingham and others against The Traders Insurance Company, on the motion of The State Bank of Chicago, a receiver appointed in said cause. The receiver had filed in said cause a petition, hereinafter more particularly described, against said Hawley, and the injunction was an…

1Dissent

Mr. Presiding Justice Brown

dissenting.

I cannot agree with the majority of the court in this case. I have no criticism or comment to make on the reasoning by which they support their decision, but from a different point of view, there seem to me insuperable objections to the hypothesis that the conclusion to which they have come is in consonance with the policy of the State of Illinois concerning the relations of its own citizens to those of other states in controversies in its own courts.

The full statement of the law of Illinois in relation to the powers of foreign receivers in this state, as…

2Cases cited6 opinions

  1. Cole v. CunninghamSupreme Court of the United States · 1890
  2. Rhawn v. PearceIllinois Supreme Court · 1884
  3. Sercomb v. CatlinIllinois Supreme Court · 1889
  4. Western Union Telegraph Co. v. Pacific & Atlantic Telegraph Co.Illinois Supreme Court · 1868
  5. Townsend v. CoxeIllinois Supreme Court · 1894

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API