Kretschmar v. Ruprecht
Illinois Supreme Court
Appear from the Branch 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 to enjoin the collection of a judgment for $650, recovered in the superior court of Cook county, by appellees against appellants.
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Appear from the Branch 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 to enjoin the collection of a judgment for $650, recovered in the superior court of Cook county, by appellees against appellants. The decree of the superior court dismissing the bill for want of equity was affirmed by the Branch Appellate Court for the First District, and appellants, having procured a certificate of importance from that court, prosecute this further appeal. In 1897 Catherine Bredow,…
1Opinion of the CourtJustice Dunn
Appellants should have presented the questions argued here, on the trial of the claim for mesne profits, where, if at all, they would have been availing. The judgment, if they had any valid defense to the claim, was the, result of their own negligence. It is immaterial to the decision of this case whether they had a valid defense or not. They had ample opportunity to present it if they had one, but without any reasonable excuse they neglected to do so. Equity will not relieve ag'ainst a judgment at law except in cases of fraud, accident or mistake, and then only where the party applying for…
2Cases cited5 opinions
- Ward v. DurhamIllinois Supreme Court · 1890
- Galena & Southern Wisconsin Railroad v. EnnorIllinois Supreme Court · 1886
- Bardonski v. BardonskiIllinois Supreme Court · 1893
- Dickson v. HittIllinois Supreme Court · 1881
- Walker v. ShreveIllinois Supreme Court · 1877
3Cited by15 opinions
- Clark v. ClarkMontana Supreme Court · 1922
- McFetridge v. First Commercial BankAppellate Court of Illinois · 1961
- Cohen v. SparbergAppellate Court of Illinois · 1942
- Hollister v. SobraIllinois Supreme Court · 1914
- Goelitz v. LathropAppellate Court of Illinois · 1936
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