Shedd v. Seefeld
Appellate Court of Illinois
Bill in nature of creditor’s bill. Error to the Circuit Court of Cook County; the Hon. Thomas G-. Windes, Judge, presiding. Heard in this court at the October term, 1903. Statement by the Court. The following in quotation marks is taken from the argument of counsel for plaintiffs in error, and is substantially correct: “ May 23, 1901, a bill was filed by F. A. Smith et al., creditors of one John Dreucker, to have a certain warranty deed declared a mortgage.
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Bill in nature of creditor’s bill. Error to the Circuit Court of Cook County; the Hon. Thomas G-. Windes, Judge, presiding. Heard in this court at the October term, 1903. Statement by the Court. The following in quotation marks is taken from the argument of counsel for plaintiffs in error, and is substantially correct: “ May 23, 1901, a bill was filed by F. A. Smith et al., creditors of one John Dreucker, to have a certain warranty deed declared a mortgage. It was in the nature of a creditor’s bill. Shortly before John Dreucker had filed a similar bill alleging the same facts, and the two…
1Opinion of the Court
Mr. Presiding Justice Adams
delivered the opinion of the court.
The defendants in error will be referred toas petitioners, and the plaintiffs in error as defendants in this opinion. It is contended by counsel for the defendants that the Circuit Court, sitting in equity, had no jurisdiction to entertain the petition, as the cause of action stated in the petition is a tort, sounding in damages, and that the defendants were entitled to a jury trial at law. The defendants made no objection below to the entertainment of the petition, and did not, .in anyway, question the jurisdiction, nor did they…
2Cases cited12 opinions
- Dowie v. DriscollIllinois Supreme Court · 1903
- Kimball v. WalkerIllinois Supreme Court · 1863
- Moyer v. SwygartIllinois Supreme Court · 1888
- Berry v. City of ChicagoIllinois Supreme Court · 1901
- Fisher v. City of ChicagoIllinois Supreme Court · 1904
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