Legal Opinion

Palmer v. Young

Appellate Court of Illinois

Decided June 5, 1903PublishedCited by 4 opinions

Bill to Enjoin. Waste.—Appeal from the Superior Court of Cook County; the Hon. Jesse Holdom, Judge presiding. Heard in the Branch Appellate Court at the October term, 1902.

1Opinion of the Court

Mr. Presiding Justice Waterman

delivered the opinion of the court.

Appellant insists that the injunction was improperly granted and should be set aside because, first, the complainant in the bill was not in privity of title with the defendant, and because the complainant had no title to the land upon which it was alleged the defendant was threatening to commit waste; and because appellant has a complete and adequate remedy at law; and because no irreparable injury to the premises was or is threatened. Waste can only be committed by one in the rightful possession of land. That which is waste by…

2Cases cited3 opinions

  1. Gazzolo v. ChambersIllinois Supreme Court · 1874
  2. Williams v. Chicago Exhibition Co.Illinois Supreme Court · 1900
  3. Cobb v. LavalleIllinois Supreme Court · 1878

3Cited by4 opinions

  1. State Ex Rel. Tillman v. District CourtMontana Supreme Court · 1936
  2. Grodsky v. SipeDistrict Court, E.D. Illinois · 1940
  3. Howell v. HowellOhio Supreme Court · 1930
  4. King Lumber & Manufacturing Co. v. StateSupreme Court of Florida · 1932

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