Hukill v. Page

U.S. Circuit Court for the Northern District of Illnois

Hukill v. Page

12 F. Cas. 850, 6 Biss. 183

CourtU.S. Circuit Court for the Northern District of Illnois

DecidedAugust 15, 1874

StatusPublished

Cited by1 cases

This text of 12 F. Cas. 850 (Hukill v. Page) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the Northern District of Illnois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hukill v. Page, 12 F. Cas. 850, 6 Biss. 183 (circtndil 1874).

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Opinion

BLODGETT, District Judge.

Inasmuch as no fraud was charged, but negligence only is alleged in the declaration, the remedy should be by a bill of chancery. It is possible that an action on the case might lie against the trustees if fraud were alleged, but as plaintiff simply alleged negligence the only remedy is in equity. The •demurrer will be sustained and leave given to amend, if the plaintiff thinks he- can make a good declaration.

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BLODGETT, District Judge.

Inasmuch as no fraud was charged, but negligence only is alleged in the declaration, the remedy should be by a bill of chancery. It is possible that an action on the case might lie against the trustees if fraud were alleged, but as plaintiff simply alleged negligence the only remedy is in equity. The •demurrer will be sustained and leave given to amend, if the plaintiff thinks he- can make a good declaration.

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Bluebook (online)

12 F. Cas. 850, 6 Biss. 183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hukill-v-page-circtndil-1874.

Opinion

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