Commissioners of Highways v. Deboe
Appellate Court of Illinois
Appeal from the Circuit Court of Sangamon County; the Hon. Jacob Fouke, Judge, presiding. This was a bill in chancery filed on the 11th day of February, 1891, in the Circuit Court of Sangamon County, by the appellee, in which it is alleged that the appellants, as commissioners of highways, threaten to open a public highway on the section line between sections 29 and 32, and threaten to pay to Robert II.
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Appeal from the Circuit Court of Sangamon County; the Hon. Jacob Fouke, Judge, presiding. This was a bill in chancery filed on the 11th day of February, 1891, in the Circuit Court of Sangamon County, by the appellee, in which it is alleged that the appellants, as commissioners of highways, threaten to open a public highway on the section line between sections 29 and 32, and threaten to pay to Robert II. Easly and James Drennan damages awarded them for laud taken for said highway; that the commissioners have no funds in their treasury levied for the purpose of paying such damages, and have…
1Opinion of the CourtBoggs, J.
An answer is deemed impertinent if it goes beyond the allegations of the bill to state some matter not material to the case, and not constituting a defense.
Allegations which are unbecoming the dignity of the court to hear, or are contrary to good manners, or charge some person with an offense, are deemed scandalous unless such matters are proper to the defense of the bill. To be deemed scandalous the matter must at the same time be impertinent, for no matter how scandalous it may be in matter of fact, it is not scandalous within the meaning of the word as used in equity pleading if it is…
2Cases cited7 opinions
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- Devine v. Board of CommissionersIllinois Supreme Court · 1877
- White v. MorrisonIllinois Supreme Court · 1849
- Menard v. HoodIllinois Supreme Court · 1873
- Seager v. Kankakee CountyIllinois Supreme Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
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- Lowenthal v. New Music Hall Co.Appellate Court of Illinois · 1902
- Vogel v. RawleyNebraska Supreme Court · 1909
- Scott v. Venice State BankAppellate Court of Illinois · 1931