Seward v. Cease
Illinois Supreme Court
Appeal from the Circuit Court of Mason counnty ; the Hon. Charles Turner, Judge, presiding. This was a bill in chancery, by the appellant, against appellees, brought in the Mason County Circuit Court, at its October term, 1867, to set aside a judgment at law obtained in the same court, March, 1867. The bill alleges that the only evidence which the appellees were able to bring against the appellant in the suit at law, was the testimony of one Isaac J. Hughes, who testified…
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Appeal from the Circuit Court of Mason counnty ; the Hon. Charles Turner, Judge, presiding. This was a bill in chancery, by the appellant, against appellees, brought in the Mason County Circuit Court, at its October term, 1867, to set aside a judgment at law obtained in the same court, March, 1867. The bill alleges that the only evidence which the appellees were able to bring against the appellant in the suit at law, was the testimony of one Isaac J. Hughes, who testified that he heard the appellant hire two men by promising them $20 if they would tear up the brick machine of the appellees.…
1Opinion of the CourtJustice Lawrence
It is very seldom that a court of chancery will interfere to grant a new trial at law, though its jurisdiction to do so is undoubted. In this case, a bill was filed for that purpose, and the case having been heard on a motion to dismiss the bill, the relief prayed was refused. We are of opinion, however, that the motion should have been overruled, and if, after the cause is at issue and proofs taken, the case made by the bill is sustained, a new trial should be awarded. For the present, we must take the allegations of the bill as true, and they show, not merely that the only evidence upon…
2Cited by8 opinions
- The People v. LewisIllinois Supreme Court · 1961
- Simpson v. SimpsonIllinois Supreme Court · 1916
- Ames v. SniderIllinois Supreme Court · 1870
- Brown v. EbannAppellate Court of Illinois · 1911
- Mechanics National Bank v. ColehourAppellate Court of Illinois · 1892
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