Walker v. Douglas
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. At the May term, 1877, of the Superior Court of Cook county, S. P. Walker and others presented to that court a petition for leave to file a bill of review, stating that about November, 1867, petitioners (heirs of J. Knox Walker, deceased,) filed their bill in chancery against Robert M. Douglas and others, (heirs of Stephen A. Douglas, deceased,) asking the specific performance of a…
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gary, Judge, presiding. At the May term, 1877, of the Superior Court of Cook county, S. P. Walker and others presented to that court a petition for leave to file a bill of review, stating that about November, 1867, petitioners (heirs of J. Knox Walker, deceased,) filed their bill in chancery against Robert M. Douglas and others, (heirs of Stephen A. Douglas, deceased,) asking the specific performance of a contract made between Stephen A. Douglas and J. Knox Walker, for the sale of certain lands, and for general relief; and that…
1Opinion of the CourtJustice Dickey
The only ground upon which it is seriously contended by counsel for appellants that the court below erred in denying this petition is, that the newly discovered matter presented in the petition was such as to require the court to give leave to file the bill of review. It is conceded that, for such purpose, it is necessary that the new matter should not be cumulative merely, and must be such as would have produced a different result. It is, however, strenuously insisted that the mere fact that the defendants in the original bill, made conveyance of the property in question during the pendency…
2Cited by4 opinions
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