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44 Ill. App. 232

Packer v. Roberts

Appellate Court of Illinois

Decided April 9, 1892

Appellate Court of Illinois · decided 1892-04-09

<p>Practice—Courts of Chancery—Verification of Bill—Injunction to Restrain Collection of Judgment—Bond Required—Dismissal of Bill as to Part of Parties—Appeal.</p> <p>No appeal lies from an order dismissing a bill as to only a portion of the parties thereto. -</p>

Relies on Thompson v. Follansbee · Siegmund v. Ascher · International Bank v. Jenkins

Good law ✅— No negative treatment on recordhow we know

Decided 1892-04-09

How this case has been cited

Cited by 6 later decisions — most recently January 1932

5 state decisions

3018921900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Waterman, P. J.

¶1Oscar D. Wetherell, as the assignee under the insolvency law of this State, of Melville T. Roberts, caused a judgment to be entered against Charles P. Packer, upon a note made by him, payable to the order of said Roberts. Packer filed a, bill against Roberts and Wetherell, to enjoin the collection of the judgment. Service was had on each of the defendants. Wetherell appeared and demurred to the bill. The demurrer was sustained and an injunction theretofore issued dissolved, and the bill as to Wetherell was dismissed for want of equity. Whereupon the complainant appealed.

¶2The bill in this case was not properly verified; the verification being merely to the best of complainant’s knowledge and belief. Siegmund v. Asher, 37 Ill. App. 122.

¶3The injunction was improvidently issued and should have been dissolved, because no bond conditioned to pay the judgment was given, as the statute, Section 8, Chapter 69, requires.

¶4ISTo appeal lies from an order dismissing a bill as to only a portion of the parties. The bill being still pending as to Roberts, the appeal prayed should not have been allowed. Thompson v. Follansbee, 55 Ill. 427; International Bank v. Jenkins, 109 Ill. 219; Hutchinson v. Ayres, 117 Ill. 558; People v. McFarland, 3 Ill. App. 237; Hoffman & Billings Mfg. Co. v. Haxton Steam Heater Co., 18 Ill. App. 484.

¶5The appeal will be dismissed.

¶6Appeal dismissed.

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