Legal Opinion

Wolf v. Hope

Illinois Supreme Court

Decided April 20, 1904PublishedCited by 22 opinions

Appeal from the Circuit Court of Madison county; the Hon. Paul McWilliams, Judge, presiding. This is an appeal from a decree of the circuit court of Madison county sustaining a demurrer to a bill for an injunction, dismissing the bill, which was filed by Valentine Wolf, a citizen arid tax-payer of the city of Alton, and dissolving a temporary injunction which restrained Alexander W. Hope, as judge of the city court of the city of Alton, from receiving, and various officers…

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Appeal from the Circuit Court of Madison county; the Hon. Paul McWilliams, Judge, presiding. This is an appeal from a decree of the circuit court of Madison county sustaining a demurrer to a bill for an injunction, dismissing the bill, which was filed by Valentine Wolf, a citizen arid tax-payer of the city of Alton, and dissolving a temporary injunction which restrained Alexander W. Hope, as judge of the city court of the city of Alton, from receiving, and various officers of said city from allowing and paying to said Hope, as judge, any sum as salary in excess of $1500 per annum. It appears…

1Opinion of the Court

Mr. Justice Scott delivered

the opinion of the court:

A preliminary question is presented by a motion to dismiss the appeal, based upon two grounds, the first being that no final decree has ever been entered by the circuit court in this cause. It is sought to make this fact appear by affidavits filed here. The transcript of the record herein shows a final decree. The record, as exhibited to us by the transcript, imports absolute verity. For the purpose of disposing of the cause in this court it is the sole, conclusive and unimpeachable evidence of the proceedings in the° lower court. (3 Cyc. p.…

2Cases cited4 opinions

  1. Chicago, Burlington & Quincy R. R. v. LeeIllinois Supreme Court · 1873
  2. Beach v. PeabodyIllinois Supreme Court · 1900
  3. County of Cook v. SennottIllinois Supreme Court · 1891
  4. Bergen v. RiggsIllinois Supreme Court · 1864

3Cited by22 opinions

  1. Continental Illinois National Bank & Trust Co. v. Illinois State Toll Highway CommissionIllinois Supreme Court · 1969
  2. Village of Glencoe v. Industrial CommissionIllinois Supreme Court · 1933
  3. Heine v. DegenIllinois Supreme Court · 1935
  4. Crews v. LundquistIllinois Supreme Court · 1935
  5. Village of Depue v. BanschbachIllinois Supreme Court · 1916

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