Legal Opinion

Gillespie v. Illinois Steel Co.

Appellate Court of Illinois

Decided February 11, 1896PublishedCited by 1 opinion

Petition of Intervening Creditors.—Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. The question in these cases concerns the title to three rolls such as are used in rolling steel rails. Early in May, J 893, the appellee ordered these rolls from the Chicago Foundry Company.

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Petition of Intervening Creditors.—Appeal from the Circuit Court of Cook County; the Hon. Thomas G. Windes, Judge, presiding. Heard in this court at the October term, 1895. Statement of the Case. The question in these cases concerns the title to three rolls such as are used in rolling steel rails. Early in May, J 893, the appellee ordered these rolls from the Chicago Foundry Company. Two of them were completed on the 22d day of the same month, and the third was completed early in the morning of the 23d of that month. In the meanwhile the Chicago & Kenosha Railway Company had been requested by…

1Opinion of the CourtJustice Waterman

The bill filed by the Chicago Foundry Co. conferred no jurisdiction upon the Circuit Court to appoint a receiver. Courts do not sit for the purpose of conducting private business, about which there is no controversy. Wheeler v. Pullman Iron & Steel Co., 143 Ill. 197; Weigley v. The People, 51 Ill. App. 51; 155 Ill. 491; Gilbert v. Block, 51 Ill. App. 516-521.

The order appointing the receiver gave him no control over these rolls, because there was then no' controversy as to them. There is no reason for doubting that had the receiver not been appointed, these rolls would, in the ordinary course…

2Cases cited6 opinions

  1. Wheeler v. Pullman Iron & Steel Co.Illinois Supreme Court · 1892
  2. People v. WeigleyIllinois Supreme Court · 1895
  3. Chicago Title & Trust Co. v. CaldwellAppellate Court of Illinois · 1895
  4. Weigley, Bulkley & Gray v. PeopleAppellate Court of Illinois · 1893
  5. Stanton v. A. H. Andrews & Co.Appellate Court of Illinois · 1886

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3Cited by1 opinion

  1. A. B. Leach & Co. v. GrantCourt of Appeals for the Sixth Circuit · 1928

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