People Ex Rel. Power v. Rose
Illinois Supreme Court
Original petition for mandamus. This is an original petition for mandamus, filed in this court on June 8, 1905, by the People upon the relation of F. R. Power, Patrick L. Touhy, F. G. Crary and F. A. Andrews against James A. Rose, Secretary of State, praying that a writ of mandamus issue, directed to said Rose, as Secretary of State, commanding him as hereinafter set forth. Rose, as Secretary of State, filed an answer to the petition.
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Original petition for mandamus. This is an original petition for mandamus, filed in this court on June 8, 1905, by the People upon the relation of F. R. Power, Patrick L. Touhy, F. G. Crary and F. A. Andrews against James A. Rose, Secretary of State, praying that a writ of mandamus issue, directed to said Rose, as Secretary of State, commanding him as hereinafter set forth. Rose, as Secretary of State, filed an answer to the petition. The petitioners or relators above named filed a demurrer to the answer of the Secretary" of State. The case comes before this court upon the issue made by the…
1Opinion of the CourtJustice Magruder
By the demurrer to the answer the allegations of fact in the answer are admitted to be true. Under these allegations, as set forth in the statement preceding this opinion, the company, referred to in the answer as the “old United States Express Company” would have the right and power to restrain by injunction the use of its name by petitioners herein, or by the new corporation, which they propose to form.
In International Com. Y. W. C. A. v. Y. W. C. A. 194 Ill. 194, we held that, although generic terms or mere descriptive words are the common property of the public, and not ordinarily…
2Cases cited9 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- International Committee of Young Women's Christian Ass'n v. Young Women's Christian Ass'nIllinois Supreme Court · 1901
- Robbins v. ButlerIllinois Supreme Court · 1860
- Cristman v. PeckIllinois Supreme Court · 1878
- Pettis v. AtkinsIllinois Supreme Court · 1871
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3Cited by14 opinions
- C. A. Briggs Co. v. National Wafer Co.Massachusetts Supreme Judicial Court · 1913
- Meyer v. BuckmanAppellate Court of Illinois · 1955
- People Ex Rel. Endicott v. HuddlestonAppellate Court of Illinois · 1976
- Grody v. ScaloneIllinois Supreme Court · 1950
- Coca-Cola Co. v. StevensonDistrict Court, S.D. Illinois · 1920
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