Chicago, Danville & Vincennes Railroad v. Field
Illinois Supreme Court
Appeal from tbe Circuit Court of Coolc County; the Hou. E. S. Williams, Judge, presiding. This was a bill in equity in the circuit court of Cook county to enjoin the collection of a judgment and enforce a set-off against it. A demurrer to the bill was overruled and a rule to answer entered, with which the defendants failed to comply, electing to stand by their demurrer; whereupon a final decree was rendered granting the relief prayed, and the defendant appealed.
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Appeal from tbe Circuit Court of Coolc County; the Hou. E. S. Williams, Judge, presiding. This was a bill in equity in the circuit court of Cook county to enjoin the collection of a judgment and enforce a set-off against it. A demurrer to the bill was overruled and a rule to answer entered, with which the defendants failed to comply, electing to stand by their demurrer; whereupon a final decree was rendered granting the relief prayed, and the defendant appealed. The bill, filed on December 28,1874, shows that on April 12, 1873, the defendant, the Chicago, Danville and Vincennes Eailroad…
1Opinion of the CourtJustice Sheldon
It is the general rule, without doubt, as appellant’s counsel affirms and cites authorities to show, that an injunction ■ will not be granted against enforcing a judgment, when defense might have been made in the action at law, unless the judgment was obtained by fraud, accident, or mistake.
But this rule, we conceive, does not apply to the defense of set-off, but to such defenses as were required to have been made in the suit where the judgment was rendered. Statutes of set-off are passed for the benefit of defendants,, and they are not imperative ; so that a defendant may waive his right to…
2Cases cited11 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Gay v. GayNew York Court of Chancery · 1843
- Tuscumbia, Courtland & Decatur Rail Road v. RhodesSupreme Court of Alabama · 1845
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Quick v. LemonIllinois Supreme Court · 1882
- Galena & Southern Wisconsin Railroad v. EnnorIllinois Supreme Court · 1886
- Stewart v. BurginSupreme Court of Alabama · 1929
- Smith v. BillingsAppellate Court of Illinois · 1896
- Brough v. SchanzenbachAppellate Court of Illinois · 1895
6 more not listed; retrieve them via the Exa API.