Haas v. Righeimer
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. John L. Healy, Judge, presiding. This was a bill for partition and accounting, filed in the circuit court of Cook county by appellant, Haas. A verified plea was filed by a part of the defendants, setting up the pendency of a prior suit. Upon the filing of that plea the defendants pleading moved to dismiss the bill.
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Appeal from the Circuit Court of Cook county; the Hon. John L. Healy, Judge, presiding. This was a bill for partition and accounting, filed in the circuit court of Cook county by appellant, Haas. A verified plea was filed by a part of the defendants, setting up the pendency of a prior suit. Upon the filing of that plea the defendants pleading moved to dismiss the bill. The chancellor heard the evidence offered in support of the plea in open court, and entered a decree dismissing the bill, and the cause comes here by appeal.- The plea set out the original bill and amendments thereto in the…
1Opinion of the CourtJustice Scott
It is urged that the plea herein does not fully set out the facts relied upon by the defendants. We have carefully examined the averments of the plea and consider this contention without merit.
It is further objected that0the court below did not follow the proper practice in considering and determining the sufficiency of the plea and in hearing evidence in support of its averments, instead of referring the cause to the master. As this question was not raised in the lower court it will not be considered here.
The general rule is that the pendency of a former suit in the same jurisdiction, in the…
2Cases cited1 opinion
- Plume & Atwood Manufacturing Co. v. CaldwellIllinois Supreme Court · 1891
3Cited by16 opinions
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- Kirchheimer Brothers Co. v. Jewelry Mine, Ltd.Appellate Court of Illinois · 1981
- Tambone v. SimpsonAppellate Court of Illinois · 1980
- Murchison National Bank v. BroadhurstSupreme Court of North Carolina · 1929
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