Legal Opinion

Spiegler v. City of Chicago

Illinois Supreme Court

Decided June 23, 1905PublishedCited by 44 opinions

Appear from the Superior Court of Cook county; the Hon. Jesse Hordom, Judge, presiding. This was a bill in chancery filed by Frederick J. Spiegler, Max Mildenberg, the Republic Oil Company and the Standard Oil Company, in the superior court of Cook county, on behalf of themselves and all other persons and corporations similarly situated doing business in the city of Chicago, to enjoin the enforcement, by said city and its officers, of the provisions of an ordinance of said…

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Appear from the Superior Court of Cook county; the Hon. Jesse Hordom, Judge, presiding. This was a bill in chancery filed by Frederick J. Spiegler, Max Mildenberg, the Republic Oil Company and the Standard Oil Company, in the superior court of Cook county, on behalf of themselves and all other persons and corporations similarly situated doing business in the city of Chicago, to enjoin the enforcement, by said city and its officers, of the provisions of an ordinance of said city passed on January 4, 1904, entitled “An ordinance .regulating and licensing oil peddlers.” The ordinance reads as…

1Opinion of the CourtJustice Hand

The first question raised upon this record is whether or not the superior court, sitting as a court of equity, had jurisdiction to entertain a bill to enjoin the enforcement by the city of Chicago of the provisions of said ordinance against complainants. The rule is well settled in this State that where a city is attempting to enforce an ordinance which is alleged to be invalid, against numerous persons whose interests are identical, such persons may file a bill, upon behalf of themselves and all other persons similarly situated, against the city for an injunction, and that a court of equity,…

2Cases cited8 opinions

  1. Arms v. AyerIllinois Supreme Court · 1901
  2. Gundling v. City of ChicagoIllinois Supreme Court · 1898
  3. City of Chicago v. CollinsIllinois Supreme Court · 1898
  4. Wilkie v. City of ChicagoIllinois Supreme Court · 1900
  5. Price v. PeopleIllinois Supreme Court · 1901

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3Cited by44 opinions

  1. Vernor v. Secretary of StateMichigan Supreme Court · 1914
  2. Block v. City of ChicagoIllinois Supreme Court · 1909
  3. Welton v. HamiltonIllinois Supreme Court · 1931
  4. Klafter v. State Board of ExaminersIllinois Supreme Court · 1913
  5. People ex rel. State Board of Health v. ApfelbaumIllinois Supreme Court · 1911

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