Washburn & Moen Manufacturing Co. v. Chicago Galvanized Wire Fence Co.
Illinois Supreme Court
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. This case was before this court at its September term, 1883, and the decree below ivas reversed and the cause remanded. Deference may be had to the printed report for a full statement of the case. After the cause was remanded, the Superior Court, at its May term, A. D. 1884, modified its former decree.
Read the full summary
Appeal from the Appellate Court for the First District;— heard in that court on appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. This case was before this court at its September term, 1883, and the decree below ivas reversed and the cause remanded. Deference may be had to the printed report for a full statement of the case. After the cause was remanded, the Superior Court, at its May term, A. D. 1884, modified its former decree. An appeal was taken from the decree, as modified, to the Appellate Court for the First District, and that court affirmed the…
1Opinion of the CourtJustice Scholfield
The first, and, in our opinion, the controlling, question, arising upon this record is, whether, when the case was here at a former term, (109 111. 71,) it was remanded for a rehearing, or only to modify the decree of the Superior Court in conformity with specific directions then given.
In cases where a modification of the decree below is deemed necessary, it is discretionary- whether this court shall, by an order to be entered on its own records, make the modification, or -whether it shall remand the cause to the lower court, with specific directions to that court to make the modification.…
2Cases cited4 opinions
- Hughs v. WashingtonIllinois Supreme Court · 1872
- Ogden v. LarrabeeIllinois Supreme Court · 1873
- Hunter v. HatchIllinois Supreme Court · 1867
- Humphreys v. AllenIllinois Supreme Court · 1881
3Cited by25 opinions
- Aurora & Geneva Railway Co. v. HarveyIllinois Supreme Court · 1899
- Union National Bank v. International BankIllinois Supreme Court · 1888
- Galbreath v. WallrichSupreme Court of Colorado · 1910
- Commissioners of Lincoln Park v. SchmidtIllinois Supreme Court · 1942
- Henning v. EldridgeIllinois Supreme Court · 1893
20 more not listed; retrieve them via the Exa API.