Nelson v. Rockwell
Illinois Supreme Court
This was a bill for an injunction, filed by the plaintiff in error in the Warren Circuit Court, on which an injunction issued. At the April term, 1851, of said circuit court, Kellogg, Judge, on motion of the defendant, the injunction was dissolved, and the bill dismissed for want of equity therein. The complainant prosecuted his writ of error. The facts and allegations of th'e bill are sufficiently disclosed in the opinion of the court.
1Opinion of the Court
Catón, J.
The injunction originally granted in this suit was dissolved, and the bill dismissed in the circuit court, on the motion of the defendant, for the want of equity on the face of the bill. Upon that motion, as upon a demurrer, all of the aliegations of the bill must be considered as true. We take an entirely different view of the case made in this bill, from the one entertained by the circuit court. In our opinion, the bill states a very gross case of fraud on the part of the defendant in obtaining the judgment sought to be enjoined. It is alleged that he knew that he had no cause of…
2Cited by24 opinions
- The People v. SterlingIllinois Supreme Court · 1934
- Elting v. First National Bank of BiggsvilleIllinois Supreme Court · 1898
- Sargent v. SturmCalifornia Supreme Court · 1863
- Laithe v. McDonaldSupreme Court of Kansas · 1873
- McKinney v. CurtissMichigan Supreme Court · 1886
19 more not listed; retrieve them via the Exa API.