Fisher v. Capesius

This appeal involves two decrees of the circuit court of Cook county, one entered April 9, and the other April 18, 1938. The cases have been consolidated here for review. We believe a brief history of a part of the litigation under which the issues in these cases arose is necessary to a proper understanding of the questions presented for consideration.

On August 18, 1937, William Capesius filed his complaint in chancery in the circuit court of Cook county on behalf of himself and of all other residents and taxpayers of the village of Winnetka, making defendants thereto the president and board…