Wilkinson v. Cox
Illinois Supreme Court
Writ of Error to the Superior Court of Cook county; the Hon. O. E. Heard, Judge, presiding. This was a bill in chancery filed in the superior court of Cook county by the plaintiff in error, against the defendants in error, to set aside and cancel as clouds upon her title to certain lots situated in the city of Chicago, two sheriff’s sales made upon fee bills issued against Ruth Wixon, a former owner of said lots, in two cases theretofore pending in the circuit court of said…
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Writ of Error to the Superior Court of Cook county; the Hon. O. E. Heard, Judge, presiding. This was a bill in chancery filed in the superior court of Cook county by the plaintiff in error, against the defendants in error, to set aside and cancel as clouds upon her title to certain lots situated in the city of Chicago, two sheriff’s sales made upon fee bills issued against Ruth Wixon, a former owner of said lots, in two cases theretofore pending in the circuit court of said county wherein judgment had been rendered against said Ruth Wixon for costs, and two sheriff’s deeds, made by virtue of…
1Opinion of the CourtChief Justice Hand
A motion was made in this case for a rule upon plaintiff in error to give security for costs as a non-resident, and for an order of dismissal against the plaintiff in error upon her failure to comply with such rule. A motion to rule a non-resident plaintiff in error to give security for costs is a dilatory motion, and should be made at the earliest moment at which it can be made. This motion was not made until after the case had been taken upon the regular call of the docket. It therefore came too late.
The validity of the sales made by the sheriff under said fee bills is attacked.upon the…
2Cases cited2 opinions
- Conwell v. WatkinsIllinois Supreme Court · 1874
- Henderson v. KibbieIllinois Supreme Court · 1904
3Cited by4 opinions
- Gregory v. RicheyIllinois Supreme Court · 1923
- Barnes v. FreedIllinois Supreme Court · 1930
- Magnes v. TobiasIllinois Supreme Court · 1929
- Logar v. O'BrienIllinois Supreme Court · 1930