Legal Opinion

Wightman v. Evanston Yaryan Co.

Illinois Supreme Court

Decided October 24, 1905PublishedCited by 39 opinions

Appeal from the Branch Appellate Court for the Eirst District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. AxEL ChyTraus, Judge, presiding.

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Appeal from the Branch Appellate Court for the Eirst District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. AxEL ChyTraus, Judge, presiding. This is an appeal from the affirmance by the Appellate Court of an order dismissing the amended and supplemental petition of intervention by appellants, filed in an action begun by the Northern Trust Company, a corporation, against the appellee, the Evanston Yaryan Company, a corporation, to foreclose a trust deed. The Yaryan company, a corporation organized under the laws of this State, was engaged in the business of…

1Opinion of the CourtJustice Wilkin

The only question presented for our decision by the assignment of errors is the ruling of the superior court in dismissing the petition and refusing to order the appellees to ahswer the same. .No question is raised as to the decree of foreclosure and sale entered on March 21, 1903. If appellants had the claimed right of intervention, then the order of the superior court should be reversed, otherwise it must be affirmed. The controlling question in the case is, have the appellants shown, by their petition, such an interest in the foreclosure proceedings as will entitle them to become parties…

2Cases cited10 opinions

  1. Shields v. BarrowSupreme Court of the United States · 1855
  2. Horn v. Volcano Water Co.California Supreme Court · 1859
  3. Express Co. v. Railroad Co.Supreme Court of the United States · 1879
  4. Ellis v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871
  5. Marsh v. GreenIllinois Supreme Court · 1875

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3Cited by39 opinions

  1. Morgareidge v. HoweySupreme Court of Florida · 1918
  2. Check v. KaplanMassachusetts Supreme Judicial Court · 1932
  3. Mullen v. Town of LouisburgSupreme Court of North Carolina · 1945
  4. Hairgrove v. City of JacksonvilleIllinois Supreme Court · 1937
  5. Lickle v. BooneCourt of Appeals of Maryland · 1947

34 more not listed; retrieve them via the Exa API.

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