Rabberman v. Hause

Illinois Supreme Court
Rabberman v. Hause, 89 Ill. 209 (Ill. 1878)

Rabberman v. Hause

Opinion of the Court

Per Curiam :

We see no cause to disturb the decree below.

The judgment sought to be enjoined is against Frederick Rabberman, but the bill professes to be by Valentine Rabberman and is signed by him as counsel.

It may be, as insisted by counsel, that this is but a slip of the pen by the draftsman, and that Frederick, and not Valentine, was intended. If so, it was a serious slip; it makes a .party complaining by one name to enjoin a judgment against a party of another Dame. And as the bill is before us, the court below was authorized to hold there was no equity in the bill.

The decree is affirmed.

Deoree affirmed.

Reference

Full Case Name
Frederick Rabberman v. John Hause
Status
Published
Syllabus
Chancery—bill to enjoin judgment must be in name of the defendant therein. A bill in the name of Valentine Rabberman to enjoin the collection of a judgment against Frederick Rabberman, is fatally defective, failing to show any equity.