Lane v. Frake

Appellate Court of Illinois

Lane v. Frake

57 Ill. App. 616, 1894 Ill. App. LEXIS 362

DecidedMarch 5, 1895

StatusPublished

This text of 57 Ill. App. 616 (Lane v. Frake) 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

Lane v. Frake, 57 Ill. App. 616, 1894 Ill. App. LEXIS 362 (Ill. Ct. App. 1895).

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Opinion

Mb. Presiding Justice Waterman

delivered the opinion oe the Court.

Manifestly, the Superior Court has complete jurisdiction to hear and determine in the proceeding before it, whether appellant is entitled to the release he, after such court had acquired such jurisdiction, demanded from appellee, and for failing to execute which he brought suit to recover the penalty provided by statute, when a trustee fails to execute a release to which a party demanding the same is entitled.

The Superior Court, having first acquired jurisdiction, may retain it, and might, as it did, properly enjoin appellant from attempting to have determined by proceedings thereafter begun in a court of law, one of the questions at issue in said Superior Court. High on Injunctions, Secs. 48 and 49.

The order of the Superior Court is affirmed.

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Mb. Presiding Justice Waterman

delivered the opinion oe the Court.

Manifestly, the Superior Court has complete jurisdiction to hear and determine in the proceeding before it, whether appellant is entitled to the release he, after such court had acquired such jurisdiction, demanded from appellee, and for failing to execute which he brought suit to recover the penalty provided by statute, when a trustee fails to execute a release to which a party demanding the same is entitled.

The Superior Court, having first acquired jurisdiction, may retain it, and might, as it did, properly enjoin appellant from attempting to have determined by proceedings thereafter begun in a court of law, one of the questions at issue in said Superior Court. High on Injunctions, Secs. 48 and 49.

The order of the Superior Court is affirmed.

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Bluebook (online)

57 Ill. App. 616, 1894 Ill. App. LEXIS 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lane-v-frake-illappct-1895.