Legal Opinion

Heath & Milligan Mfg. Co. v. National Linseed Oil Co.

Appellate Court of Illinois

Decided December 24, 1901Published

Assumpsit, on the common counts. Appeal from the Circuit Court of Cook County; the Hon. Elbridge Haneoy, Judge, presiding. Heard in the Branch Appellate Court on a remanding order from the Supreme Court, at the October term, 1901.

1Opinion of the Court

Mr. Presiding Justice Freeman

delivered the opinion of the court.

It is first contended by appellant’s attorneys, that this court has now no option under the remanding order, except to make a finding of the ultimate facts, and upon such finding enter a new judgment in favor of appellant in accord with its former action, or else to reverse the judgment of the trial court and remand the cause for that court to enter such judgment in accordance with the opinion heretofore rendered. (93 Ill. App. 13.)

It is apparent, we think, from that opinion, that this court did not find the material facts…

2Cases cited13 opinions

  1. Fowler v. BlackIllinois Supreme Court · 1891
  2. Elston v. City of ChicagoIllinois Supreme Court · 1866
  3. Wolf v. BeairdIllinois Supreme Court · 1888
  4. People v. FosterIllinois Supreme Court · 1890
  5. Walser v. Board of EducationIllinois Supreme Court · 1895

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