Legal Opinion

Klein v. Independent Brewing Ass'n

Illinois Supreme Court

Decided December 17, 1907PublishedCited by 28 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was a bill filed by appellant Henry P. Klein against the Independent Brewing Association, a corporation, and certain persons as stockholders and officers of said corporation.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. This was a bill filed by appellant Henry P. Klein against the Independent Brewing Association, a corporation, and certain persons as stockholders and officers of said corporation. The following statement made by the Appellate Court sufficiently shows thé material charges of the bill and the relief prayed, also the substance of the answers to the bill and the decree of the superior court: “Henry P. Klein, a stockholder and also…

1Opinion of the CourtJustice Farmer

A motion was made in the Appellate Court by appellees there, who are appellants here, to dismiss the appeal for want of jurisdiction in that court to entertain it, and the denial of that motion by the Appellate Court is one of the errors assigned in this court.

The grounds of the motion to dismiss the appeal in the Appellate Court were, that a freehold and a franchise were involved and that the decree of the superior court was not a final judgment. The bill was not filed under section 25 of the act on corporations and did not pray a dissolution of the corporation, nor did the decree direct a…

2Cases cited15 opinions

  1. Miner v. Belle Isle Ice Co.Michigan Supreme Court · 1893
  2. Higgins v. LansinghIllinois Supreme Court · 1895
  3. Brown v. DeYoungIllinois Supreme Court · 1897
  4. Harts v. BrownIllinois Supreme Court · 1875
  5. Allison v. DrakeIllinois Supreme Court · 1892

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3Cited by28 opinions

  1. Paddock v. SiemoneitTexas Supreme Court · 1949
  2. Shlensky v. South Parkway Building Corp.Illinois Supreme Court · 1960
  3. Farwell v. Pyle-National Electric Headlight Co.Illinois Supreme Court · 1919
  4. Putnam v. Juvenile Shoe CorporationSupreme Court of Missouri · 1925
  5. McKey v. SwensonMichigan Supreme Court · 1925

23 more not listed; retrieve them via the Exa API.

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