Bennett v. McFadden

Decided September 15, 1871

Illinois Supreme Court · decided 1871-09-15

Writ of Error to the Circuit Court of Woodford county; the Hon. S. L. Richmond, Judge, presiding. This was a bill in chancery, filed by Solomon Bennett, on the 31st of May, 1866, in the Peoria circuit court, against MoFadden, sheriff of Peoria county, and others, to enjoin the sale of Bennett’s lot, to satisfy an execution in favor of Selz et al. against Israel Bennett. An injunction was granted.

Relies on Christie v. Hale

Good law ✅— No negative treatment on recordhow we know

Decided 1871-09-15

How this case has been cited

Cited by 6 later decisions — most recently April 1918

6 state decisions

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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Per Curiam :

¶1Where the court, ujion a motion made to dissolve an injunction for want of equity in the bill, sustains the motion, dissolves the injunction and dismisses the bill, the allegations of the bill are to be taken as true, the same as upon a demurrer. The matters alleged in the bill in this case bring it within the principle of the ease of Christie et al. v. Hale, 46 Ill. 117.

¶2The court below erred in dissolving the injunction-and dismissing the bill for want of equity, and the decree must be reversed and the cause remanded.

¶3Decree reversed.