Legal Opinion

Cadillac Automobile Co. v. Boynton

Appellate Court of Illinois

Decided August 10, 1908No. Gen. No. 4,933PublishedCited by 3 opinions

Bill in equity. Appeal from the Circuit Court of DeKalb county; the Hon. Charles A. Bishop, Judge, presiding.

1Opinion of the CourtJustice Dibell

It is clear that the allegations of the bill were not sufficient. After stating that process was not served upon appellant, it alleged that at the time Boynton began suit against appellant in the action at law, appellant was not indebted to Boynton in any amount, and if appellant had been summoned or otherwise properly notified in said suit, it would have had a meritorious defense to said claim. The statement that appellant had a good defense to the suit at law is not sufficient to authorize an injunction against the collection of the judgment. The bill should have stated the cause of action…

2Cases cited4 opinions

  1. Board of Trade v. Hammond Elevator Co.Supreme Court of the United States · 1905
  2. Italian-Swiss Agricultural Colony v. PeaseIllinois Supreme Court · 1901
  3. Lowden v. WilsonIllinois Supreme Court · 1908
  4. Reed v. New York National Exchange BankIllinois Supreme Court · 1907

3Cited by3 opinions

  1. Slates v. International House of Pancakes, Inc.Appellate Court of Illinois · 1980
  2. R. M. Owen & Co. v. JohnsonAppellate Court of Illinois · 1913
  3. Hussey v. GourleyAppellate Court of Illinois · 1909

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