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57 Ill. App. 616

Lane v. Frake

Appellate Court of Illinois

Decided March 5, 1895

Appellate Court of Illinois · decided 1895-03-05

Memorandum.—Appeal from an interlocutory order granting an injunction entered by the Superior Court of Cook County; the Hon, William G-. Ewing, Judge, presiding. Heard in this court at the October term, 1894. Statement of the Case.

Affirmed · Decided 1895-03-05

Mb. Presiding Justice Waterman

¶1delivered the opinion oe the Court.

¶2Manifestly, 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.

¶3The 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.

¶4The order of the Superior Court is affirmed.

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