Legal Opinion

Bond v. Pennsylvania Co.

Appellate Court of Illinois

Decided March 15, 1897Published

Bill, for an injunction. Appeal from the Circuit Court of Cook County; the Hon. Elbridge Hanbcy, Judge, presiding.

1Opinion of the CourtJustice Waterman

It is urged by appellant that appellee having answered the bill, as first filed, could not urge as aground of demurrer to the amended bill, that thereby it appeared that the complainant had an adequate remedy at law.

The bill as first filed was based upon the theory that the complainant, being the owner of the fee of the street, had a right to have its use confined to purposes which were not inconsistent with the common use to which streets are devoted. By the amendment, the complainant urged as an additional ground of relief that there existed between him and the defendant such contractual…

2Cases cited18 opinions

  1. Rigney v. City of ChicagoIllinois Supreme Court · 1881
  2. Ligare v. City of ChicagoIllinois Supreme Court · 1891
  3. Field v. BarlingIllinois Supreme Court · 1894
  4. Moses v. Pittsburgh, Fort Wayne & Chicago RailroadIllinois Supreme Court · 1859
  5. Penn Mutual Life Insurance v. HeissIllinois Supreme Court · 1892

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