Millard v. Millard
Appellate Court of Illinois
Bill for discovery and accounting. Appeal from the Circuit Court of Cook County; the Hon. Richard S. Tüthill, Judge, presiding.
1Opinion of the CourtJustice Freeman
It is claimed on behalf of appellees that the Circuit Court had no equitable jurisdiction of the subject-matter, that complainant had an adequate remedy at law, and that while the object of the bill was ostensibly to compel a discovery, yet since the oaths of the defendants to the answers were waived complainant thereby disclaimed the right to discovery from the defendants. The bill, however, is not a bill for discovery alone. It seek's both discovery and relief. The statute provides (R. S. Chap. 22, Sec. 20,) that when a bill “ other than for discovery only ” shall be filed in a court of…
2Cases cited10 opinions
- Young v. . YoungNew York Court of Appeals · 1880
- Platner v. . PlatnerNew York Court of Appeals · 1879
- Barnum v. ReedIllinois Supreme Court · 1891
- Dorman v. DormanIllinois Supreme Court · 1900
- James T. Hair Co. v. DailyIllinois Supreme Court · 1896
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