Rhodes v. Ashurst
Illinois Supreme Court
Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit court of Mason county; the Hon. George W. Herdman, Judge, presiding.
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Writ of Error to the Appellate Court for the Third District;—heard in that court on appeal from the Circuit court of Mason county; the Hon. George W. Herdman, Judge, presiding. The Havana Press Drill Company and the plaintiff in error Rhodes filed a bill in the circuit court of Mason county, against John L. and Lewis B. Ashurst, praying for the specific enforcement of an agreement to assign a patent numbered 297,961, concerning an improvement in grain-drills. • After answering this bill the Ashursts filed a cross-bill, in which it was alleged that Lewis B. Ashurst was the owner of said…
1Opinion of the CourtJustice Wilkin
The practice in chancery where an accounting is prayed and where the right to an account is denied is, that the preliminary matter in bar of the accounting should first be disposed of. A decree is then entered finding the facts to exist which give a right to the accounting, directing the basis of the account, and referring- the whole matter to the master in chancery to take evidence as to the state of the account, and to report the evidence and a statement of the account. (Ligare v. Peacock, 109 Ill. 94.) Such a decree was entered in this case, and whatever might have been its effect as res…
2Cases cited4 opinions
- Kinsman v. ParkhurstSupreme Court of the United States · 1856
- Ligare v. PeacockIllinois Supreme Court · 1884
- Hall Manufacturing Co. v. American Railway Supply Co.Michigan Supreme Court · 1882
- Bartlett v. HolbrookMassachusetts Supreme Judicial Court · 1854
3Cited by10 opinions
- Kohn v. KohnCalifornia Court of Appeal · 1950
- Unarco Industries, Inc. v. Kelley Co.Court of Appeals for the Seventh Circuit · 1972
- Trustees of Schools v. American Surety Co. of New YorkAppellate Court of Illinois · 1940
- Del Riccio v. PhotochartCalifornia Court of Appeal · 1954
- Bird v. ThanhouserAppellate Court of Illinois · 1911
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