Reports of Cases Determined in the Appellate Courts of Illinois, Volume 145 |
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action Affirmed alleged amended amount Andrew Marr appellant's appellee appellee's Assumpsit averred Bank of America bill cause certificates chancellor charge Chicago City Railway Circuit Court City of Chicago claim Coal Company complainants Consolidated Ry contract Cook county corporation counsel Court of Cook damages declaration decree deed defendant in error delivered the opinion duty Edenborn engine evidence tending fact Fahrney feet fendant filed November 17 finding garnishees Goeijen Heard Illinois Illinois Central Railroad instruction John Judge judgment jury Kelly Kuechle lease lien master ment Mills Novelty Company mortgage motion Moy Tong negligence Opinion filed December Opinion filed November parties payment pellant pellee plaintiff in error platform plea premises question Railroad reason record recover refused Reversed and remanded Robinson & Co Springer statute street suit tending to show term testified testimony thereof tion track train trust verdict William wires witness
Popular passages
Page 226 - A court of equity, which is never active in relief against conscience or public convenience, has always refused its aid to stale demands, where the party has slept upon his right, and acquiesced for a great length of time. Nothing can call forth this court into activity but conscience, good faith and reasonable diligence; where these are wanting, the court is passive, and does nothing. Laches and neglect are always discountenanced, and therefore, from the beginning of this jurisdiction, there was...
Page 151 - A receiver is an indifferent person between parties, appointed by the court to receive the rents, issues, or profits of land, or other thing in question in this court, pending the suit, where it does not seem reasonable to the court that either party should do it.
Page 95 - When a number of stockholders combine to constitute themselves a majority in order to control the corporation as they see fit, they become, for all practical purposes, the corporation itself, and assume the trust relation occupied by the corporation towards its stockholders.
Page 255 - At the close of the plaintiff's case, and again at the close of all the evidence, the defendant moved the court to instruct the jury to find it not guilty.
Page 473 - Even in cases where all of these requirements are present, specific performance is not a matter of right, but rests in the sound discretion of the court, to be determined from all the facts and circumstances of the particular case.
Page 185 - The court instructs the jury that even if you believe, from the evidence, that the plaintiff's mother was guilty of negligence in permitting the plaintiff to go upon the street, or that his brother was guilty of negligence in not taking proper care of him while upon the street, still such negligence, if any, upon their part, cannot be charged against the plaintiff, and it is not a defense to this suit...
Page 448 - ... surprise on the defendant which might otherwise ensue on the trial, the plaintiff must, in general, state the particular damage which he has sustained, or he will not be permitted to give evidence of it.
Page 29 - At the close of the plaintiff's evidence, and again at the close of all the evidence...
Page 327 - Compensation of other officers] § 15. All other officers may receive a salary, fees or other compensation to be fixed by •ordinance, and after the same has been once fixed, such fees or compensation shall not be increased or diminished, to take effect during the term for which any such officer was elected or appointed...
Page 94 - Plainly the defendants have assumed to exercise a power belonging to the majority in order to secure personal profit for themselves, without regard to the interests of the minority. They repudiate the suggestion of fraud, and plant themselves upon their right as a majority to control the corporate interest according to their discretion.