Manternach v. Studt
Illinois Supreme Court
Appear from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. John Manternach, one of appellants, began this suit by filing a bill in the superior court of Cook county for the partition of a certain lot described in the bill.
Read the full summary
Appear from the Superior Court of Cook county; the Hon. Theodore Brentano, Judge, presiding. John Manternach, one of appellants, began this suit by filing a bill in the superior court of Cook county for the partition of a certain lot described in the bill. The bill alleged that the complainant owned the undivided one-fourth of said lot; that he acquired title thereto by inheritance from his father, Peter Manternach, who died January 31, 1886, leaving Emma M. Manternach, his widow, and Lizzie, Annie, Mary and complainant as his children and only heirs-at-law. The bill averred Peter Manternach…
1Opinion of the CourtJustice Farmer
In our opinion Lizzie Sperk was not authorized-to prosecute an appeal from the decree. The dismissal of the bill was not an adjudication of her rights in the premises. By her answer she merely asserted that she was the owner of the undivided one-fourth of the land sought to be partitioned and denied the allegations of the bill that she was not entitled to any interest therein. In the absence of a cross-bill, finding that the complainant had no interest in the premises and no right to a partition thereof would require that the bill be dismissed, and the decree to that effect was an…
2Cases cited7 opinions
- Forrest v. FeyIllinois Supreme Court · 1905
- Heppe v. SzczepanskiIllinois Supreme Court · 1904
- Stoltz v. DoeringIllinois Supreme Court · 1885
- Greenman v. HarveyIllinois Supreme Court · 1870
- Hemmer v. WolfedIllinois Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sharp v. SharpIllinois Supreme Court · 1928
- James v. FrantzIllinois Supreme Court · 1961
- Manternach v. StudtIllinois Supreme Court · 1909
- Cheadle v. County Board of School TrusteesAppellate Court of Illinois · 1974
- Riemensnider v. RiemensniderAppellate Court of Illinois · 1913
3 more not listed; retrieve them via the Exa API.