Street v. Chicago Wharfing & Storage Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District; — heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Thomas G-. Windes, Judge, presiding.
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Appeal from the Appellate Court for the First District; — heard in that court on writ of error to the Circuit Court of Cook county; the Hon. Thomas G-. Windes, Judge, presiding. The Chicago Wharfing and Storage Company, appellee herein, was the owner of certain dock property in Chicago, subject to a leasehold interest of Walter Shoemaker & Co., such leasehold beginning May 1, 1887, and ending April 30, 1892. Shoemaker & Co. had placed on the property a'large amount of planking for driveways and sorting platforms, and had erected fences, lumber sheds, and laid foundation timber for piling…
1Opinion of the CourtJustice Baker
As we understand the record the original bill and the first amended bill are not now before us. Under a leave to amend, the complainant below struck out of the record the original and the first amended bills, with the exception of the exhibits, which were expressly retained and made parts of the second amended bill of complaint. Although the court had sustained demurrers to the original and first amended bills, yet it had not dismissed either of them, but had retained them for purposes of amendment, and the complainant had the right to dismiss them, not only because no cross-bill had been…
2Cases cited5 opinions
- Vermont Street M. E. Church v. BroseIllinois Supreme Court · 1882
- Field v. LeiterIllinois Supreme Court · 1886
- Wells v. CarpenterIllinois Supreme Court · 1872
- Moore v. TopliffIllinois Supreme Court · 1883
- Robinson v. StowIllinois Supreme Court · 1864
3Cited by47 opinions
- Cedar Park Cemetery Ass'n v. Village of Calumet ParkIllinois Supreme Court · 1947
- Weger v. Robinson Nash Motor Co.Illinois Supreme Court · 1930
- United States Trust Co. v. JonesIllinois Supreme Court · 1953
- Borg-Warner Corp. v. Anchor Coupling Co.Illinois Supreme Court · 1958
- Leon v. Max E. Miller & Son, Inc.Appellate Court of Illinois · 1974
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