Legal Opinion

North Chicago Street Railroad v. Ackley

Illinois Supreme Court

Decided December 22, 1897PublishedCited by 85 opinions

Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding.

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Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Superior Court of Cook county; the Hon. Philip Stein, Judge, presiding. Appellee filed his bill against appellant, alleging that in 1891 Mrs. Mary Butler was injured while alighting from a cable car of the defendant, by reason of the negligence of the grip-man; that she employed the complainant as her attorney, upon a contingent fee, by a contract in writing, whereby he agreed to take exclusive charge of the matter and prosecute such parties as hé might deem liable for such injuries, and begin and…

1Opinion of the CourtChief Justice Phillips

Where the defendant to a bill in chancery has been defaulted and a decree pro confesso entered, that decree concludes the party only-as to the averments of the bill, and the sufficiency of the bill itself, and the averments contained in it, may be attacked as not justifying the decree. (Gault v. Hoagland, 25 Ill. 241.) The material inquiry therefore is, first, whether a right of action for personal injuries is assignable; and second, whether a contract by which the control of the party in interest over litigation carried on in his name or behalf is prevented is void.

By the' common law,…

2Cases cited25 opinions

  1. People ex rel. Stanton v. Tioga C. P.New York Supreme Court · 1837
  2. G. H. & S. A. R. R. v. FreemanTexas Supreme Court · 1882
  3. Chicago & Alton Railroad v. MaherIllinois Supreme Court · 1878
  4. Final v. BackusMichigan Supreme Court · 1869
  5. Boardman v. ThompsonSupreme Court of Iowa · 1868

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3Cited by85 opinions

  1. Picadilly, Inc. v. RaikosIndiana Supreme Court · 1991
  2. Wilcox v. BierdIllinois Supreme Court · 1928
  3. Christison v. JonesAppellate Court of Illinois · 1980
  4. Marks v. Hardware Dealers Mutual Fire Insurance Co.Missouri Court of Appeals · 1967
  5. Matter of SnyderNew York Court of Appeals · 1907

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