Legal Opinion

Slattery v. Stevens

Appellate Court of Illinois

Decided March 6, 1906No. Gen. No. 12,236PublishedCited by 2 opinions

Injunctional proceeding. Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. This is an appeal from an order of the Circuit Court dismissing for want of equity a bill filed in behalf of appellant seeking to restrain collection of a judgment rendered by a justice of the peace.

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Injunctional proceeding. Appeal from the Circuit Court of Cook County; the Hon. Murray F. Tuley, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1905. Statement by the Court. This is an appeal from an order of the Circuit Court dismissing for want of equity a bill filed in behalf of appellant seeking to restrain collection of a judgment rendered by a justice of the peace. The bill of complaint sets forth that appellee W. Mack Stevens brought a suit in attachment November 8, 1902, before the justice to recover $200 alleged to be due him from appellant for commissions…

1Opinion of the CourtJustice Freeman

It is first urged in behalf of appellant that the chancellor in the Circuit Court admitted improper evidence in behalf of appellees and rejected proper evidence offered on the part of complainant. It is to be presumed that the chancellor considered only such evidence as was competent. If we' concede for the sake of the argument that evidence rejected might with propriety have been admitted, it was nevertheless evidence relating to the merits of appellant’s defense against the claim of. appellee Stevens for which the latter obtained judgment before the justice. This evidence as to Stevens’…

2Cases cited3 opinions

  1. People v. SeelyeIllinois Supreme Court · 1892
  2. Swift v. YanawayIllinois Supreme Court · 1894
  3. Yaggy v. City of ChicagoIllinois Supreme Court · 1901

3Cited by2 opinions

  1. Dalton v. DaltonAppellate Division of the Supreme Court of the State of New York · 1945
  2. Reid, Murdock & Co. v. McGregorAppellate Court of Illinois · 1913

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