Village of Itasca v. Schroeder
Illinois Supreme Court
Appeal from the Circuit Court of DuPage county; the Hon. Charles A. Bishop, Judge, presiding. This is a bill in chancery filed by Ernest 0. Schroeder, the appellee, in the circuit court of DuPage county, to the October term, 1897, of said court, praying for an injunction, against the village of Itasca, impleaded with William Wischsteadt, William Pieper and Edward Pfluger, to prevent them from moving the road-bed of Main street, in the village of Itasca, west fifteen or…
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Appeal from the Circuit Court of DuPage county; the Hon. Charles A. Bishop, Judge, presiding. This is a bill in chancery filed by Ernest 0. Schroeder, the appellee, in the circuit court of DuPage county, to the October term, 1897, of said court, praying for an injunction, against the village of Itasca, impleaded with William Wischsteadt, William Pieper and Edward Pfluger, to prevent them from moving the road-bed of Main street, in the village of Itasca, west fifteen or twenty feet onto the land of complainant. The village of Itasca was not incorporated as a village until March," 1890. The…
1Opinion of the CourtJustice Craig
It is first contended by appellant that the trial court erred in taking jurisdiction of the case,—that appellee had an adequate remedy at law. It is argued by appellant that equity will not enjoin a threatened trespass, and the case of Goodell v. Lassen, 69 Ill. 145, is cited in support of this doctrine. What was said in that case is still the doctrine held by this court, that “before a court of equity would lend its aid to enjoin a mere trespass, the facts and circumstances must be alleged in the bill, from which it may be seen that irreparable mischief will be the result of the act…
2Cases cited13 opinions
- Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
- Coari v. OlsenIllinois Supreme Court · 1878
- Choteau v. JonesIllinois Supreme Court · 1849
- Livingston v. LivingstonNew York Court of Chancery · 1822
- Lee v. Town of Mound StationIllinois Supreme Court · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Hickey v. Illinois Central RailroadIllinois Supreme Court · 1966
- Camp v. Dixon, Mitchell & Co.Supreme Court of Georgia · 1901
- Clokey v. Wabash Railway Co.Illinois Supreme Court · 1933
- Skelers v. MeyerAppellate Court of Illinois · 1927
- McGuire v. Boyd Coal & Coke Co.Illinois Supreme Court · 1908
11 more not listed; retrieve them via the Exa API.