Farwell v. Great Western Telegraph Co.

Appellate Court of Illinois

Farwell v. Great Western Telegraph Co.

47 Ill. App. 579, 1892 Ill. App. LEXIS 117

DecidedJanuary 25, 1893

StatusPublished

This text of 47 Ill. App. 579 (Farwell v. Great Western Telegraph Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Farwell v. Great Western Telegraph Co., 47 Ill. App. 579, 1892 Ill. App. LEXIS 117 (Ill. Ct. App. 1893).

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Opinion

Mr. Justice Gary.

This is a bill, as was the case in Bates v. Great Western Tel. Company, 35 Ill. App. 254, 134 Ill. 536, to undo what had been done in another suit, still pending.

Although the Supreme Court went into the merits in that case without passing upon the point on which we decided it, yet they expressed no disapproval of our position. Our decision, therefore, remains law for us unless we have become wiser.

Besides the authorities we there cited, see Field v. Ridgley, 116 Ill. 424, and Shepard v. Speer, 41 Ill. App. 211, 140 Ill. 238, as to a second suit to obtain relief which may be had, if entitled to it, in the first. And that the court may, in the original suit, do all that it is asked by this to do, see also Black on Judgments, Secs. 308, 509-695.

The decree dismissing the bill is affirmed.

Judgment aff/rmed.

Waterman, J., dissents.

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