Baldwin v. Hanecy
Illinois Supreme Court
Writ op Error to the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding.
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Writ op Error to the Appellate Court for the First District;—heard in that court on writ of error to the Superior Court of Cook county; the Hon. Farlin Q. Ball, Judge, presiding. Plaintiff in error filed her bill in the superior court of Cook county on March 29, 1901, against the defendant in error, for an accounting, to which he pleaded in bar a decree of the circuit court of Cook county entered January 20, 1881. The cause being heard on the issue thus joined, the bill was dismissed for want of equity. The Appellate Court for the First District affirmed that decree, and hence this writ of…
1Opinion of the CourtJustice Wilkin
While there are indirect charges in complainant’s bill of misconduct on the part of the defendant in his professional relations with James and Eugenie Cash, she does not attempt to impeach the decree set up in the plea for fraud. It seems to be conceded by her counsel that that decree remains in full force and effect, the sole contention being, that the record in that case shows a different cause of action from that involved in this suit, and that the matter in controversy in the present action was not in issue or determined in that.
It is undoubtedly true that a different rule applies in…
2Cases cited4 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Harmon v. Auditor of Public AccountsIllinois Supreme Court · 1887
- Wright v. GriffeyIllinois Supreme Court · 1893
- Riverside Co. v. TownshendIllinois Supreme Court · 1886
3Cited by13 opinions
- Northern Trust Co. v. Essaness Theatres Corp.District Court, N.D. Illinois · 1952
- Wright v. SchickOhio Supreme Court · 1938
- Ohio Casualty Ins. Co. v. GordonCourt of Appeals for the Tenth Circuit · 1938
- Kenealy v. GlosIllinois Supreme Court · 1909
- Duignan v. PawlikowskiNew York Supreme Court · 1929
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