Prouty v. Moss
Illinois Supreme Court
Writ of Error to the Circuit Court of Cook county; the Hon. C. G. Neeley, Judge, presiding. Plaintiffs in error prosecute this writ of error to reverse the judgment of the circuit court of Cook county sustaining demurrers to" a bill filed by them to revive an original bill in that court.
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Writ of Error to the Circuit Court of Cook county; the Hon. C. G. Neeley, Judge, presiding. Plaintiffs in error prosecute this writ of error to reverse the judgment of the circuit court of Cook county sustaining demurrers to" a bill filed by them to revive an original bill in that court. The original bill, whereby John S. Newhouse sought to have a trust declared in his favor in certain real estate in Cook county, the title and possession of which were in his wife, Sylvia D. Newhouse, was filed February 9, 1882. ’An answer thereto was filed on March 10,1882, by the wife. No other proceedings…
1Opinion of the CourtJustice Wilkin
It has been held by this court that a freehold is involved, within the sense of the constitution and'statute, only in cases where the necessary result of the judgment or decree is that one party gains and the other loses a freehold estate, or when the title is so put in issue by the pleadings that the decision of the case necessarily involves a decision of such issue; (Malaer v. Hudgens, 130 Ill. 225; Sanford v. Kane, 127 id. 591;) aud where a freehold is involved in the original decree but not in the points assigned for error, the appeal should be to the Appellate Court and not to this…
2Cases cited2 opinions
- Malaer v. HudgensIllinois Supreme Court · 1889
- Franklin v. Loan & Investment Co. of North AmericaIllinois Supreme Court · 1894
3Cited by9 opinions
- McCarthy v. McCarthyIllinois Supreme Court · 1955
- Berber v. HassIllinois Supreme Court · 1964
- Getzelman v. BlazierAppellate Court of Illinois · 1904
- Robnett v. MillerIllinois Supreme Court · 1922
- Schmidt v. SchmidtIllinois Supreme Court · 1917
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