Legal Opinion

Brown v. Hurd

Illinois Supreme Court

Decided September 15, 1870PublishedCited by 5 opinions

Appeal from the Superior Court of Chicago; the Hon. John A. Jameson, Judge, presiding. This was a bill in chancery filed by Brown against Hurd, Dunlop and Wright, for a new trial in an action at law. The bill was dismissed in the court below on a demurrer by Hurd. The complainant appeals.

1Opinion of the CourtJustice Walker

It is with reluctance that we feel compelled to affirm the decree of the court below in this case. And on the record as now presented, we should feel inclined to grant the relief if admissible under the well recognized rules of law. But to entitle a party to a decree for a new trial at law, it must appear that there was accident, mistake or fraud in obtaining it. In this case there was no mistake of the parties, no accident that prevented appellant from proving his case. ISTor is there any fraud on the part of Hurd, that authorizes a court of chancery to interpose its powers, to grant relief.…

2Cases cited1 opinion

  1. Brown v. HurdIllinois Supreme Court · 1866

3Cited by5 opinions

  1. Gray v. MooreCourt of Appeals of Texas · 1943
  2. McCauley v. Northern Texas Traction Co.Court of Appeals of Texas · 1929
  3. Barton v. PochylaCourt of Appeals of Texas · 1922
  4. Chicago Waifs Mission & Training School v. Excelsior Electric Co.Appellate Court of Illinois · 1892
  5. Rosser v. HanksCourt of Appeals of Texas · 1963

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