Independent Brewing Ass'n v. Klein
Appellate Court of Illinois
Bill in equity. Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. A motion made by appellees to dismiss the appeal for want of jurisdiction was reserved to the hearing. That motion is denied for reasons which will he found in the opinion of the court. Statement by the Court.
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Bill in equity. Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. A motion made by appellees to dismiss the appeal for want of jurisdiction was reserved to the hearing. That motion is denied for reasons which will he found in the opinion of the court. Statement by the Court. Henry P. Klein, a stockholder and also a director in the Independent Brewing-Association, on October 23, 1905, filed his bill of complaint against the company and several of its officers, past and present, and one Conrad Furst, a stockholder, and prayed inter alia for the following…
1Opinion of the CourtJustice Holdom
The controlling questions here argued and pertinent to our decision are: First, the jurisdiction of this court to entertain this appeal; second, the power of the court to appoint a receiver; and third, the right of Henry P. Klein to the relief granted by the decree, also that of those appellees here resting their claims upon such alleged right; and the underlying and subsidiary questions whether such rights have been waived by either the laches of Henry P. Klein in asserting them, his acquiescence in the acts now claimed to be wrongful, or by his affirmative action in taking an active part in…
2Cases cited18 opinions
- Supreme Sitting of the Order of the Iron Hall v. BakerIndiana Supreme Court · 1893
- Nye v. StorerMassachusetts Supreme Judicial Court · 1897
- Coquard v. National Linseed Oil Co.Illinois Supreme Court · 1898
- Central Lumber Co. v. KelterIllinois Supreme Court · 1903
- Nevitt v. WoodburnIllinois Supreme Court · 1898
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3Cited by2 opinions
- Merrifield v. BurrowsAppellate Court of Illinois · 1910
- Steinweg v. Antiseptol Liquid Soap Co.Appellate Court of Illinois · 1912