{
  "id": 5203078,
  "name": "General Gas Company et al v. Ernest B. Stuart",
  "name_abbreviation": "General Gas Co. v. Stuart",
  "decision_date": "1897-03-29",
  "docket_number": "",
  "first_page": "560",
  "last_page": "562",
  "citations": [
    {
      "type": "official",
      "cite": "69 Ill. App. 560"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "60 Ill. App. 360",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5154790
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/60/0360-01"
      ]
    },
    {
      "cite": "66 Ill. App. 504",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        5185349
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app/66/0504-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 3648,
    "ocr_confidence": 0.513,
    "pagerank": {
      "raw": 4.719567370958748e-08,
      "percentile": 0.29607749332103916
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    "sha256": "dfc4c6dd6a279e118da1441e35f1d60af4b255e0c8a75279a81785eacdc7dc86",
    "simhash": "1:225bf6aad240e621",
    "word_count": 615
  },
  "last_updated": "2023-07-14T19:55:23.961114+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "General Gas Company et al v. Ernest B. Stuart."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Waterman\ndelivered the opinion of the Court.\nAppellee filed his bill, and without notice obtained an order for an injunction restraining the defendants thereto as prayed in the \u201c said bill.\u201d\nThe bill, among other things, prayed that the General Gas Company be restrained from using new or other certificates of stock in said company representing 225 shares,, theretofore issued to Kate Corning and Charles S. Corning, defendants, and that the said Charles C. and Kate Corning-be enjoined from transferring or assigning the said 225-shares of stock, or any part thereof, and from voting any of said 225 shares at any meeting of the stockholders of said Gas company, and that said Charles S. Corning be enjoined' from transferring to any person any right to the use of certain discoveries and inventions, in any of the territory of the United States. The discoveries and inventions alluded to were for making an illuminating gas.\nThe affidavit under which, without notice, the order for-an injunction was made is as follows:\n\u201c Ernest B. Stuart * * * on oath states that he is the complainant in the above entitled cause; that the rights-of the complainant will be unduly prejudiced if the injunction in this cause is not issued immediately or without notice-to the defendant.\u201d\nThis is insufficient. Mo showing, by a statement of facts,, was made by bill or affidavits that the rights of the complainant would be unduly prejudiced unless an injunction were issued without notice.\nUnless a showing be made by a statement of facts from which such conclusion can be drawn, an injunction should not be issued without notice. Becker v. Defenbaugh, 66 Ill. App. 504.\nThe allegation in the bill, that \u201c the said Charles S. Corning threatens to procure the assignment, transfer and delivery of the said 225 shares of stock, received by him from your orator as aforesaid, as well as the exclusive right to use said discoveries and inventions in all the territory of the United States, lying west of the Mississippi Eiver, to a lona fide purchaser for value, without notice of your orator\u2019s said rights, equities and interests therein, and unless restrained by the process of this court will do so,\u201d is a mere statement of a conclusion. What Corning said which com- , plainant construes to be such threat, does not appear. Nor could the complainant know what Corning would do in the future; he had at most, as to this, only an opinion. As to such statement, see Earle v. Earle, 60 Ill. App. 360.\nNo sufficient reason appears for restraining the Comings from voting upon the stock held by them.\nCharles S.-Corning had furnished a large sum' of money, part of the consideration for his so doing being the issue of this stock. Appellee asks for an accounting, offers to pay what shall be found due to said Corning. Why, then, under the allegations of this bill, should Corning be restrained from voting upon stock which he properly holds ?\nThe order of the Circuit Court, that a writ of injunction issue as prayed in the bill, is reversed. Order reversed.",
        "type": "majority",
        "author": "Mr. Justice Waterman"
      }
    ],
    "attorneys": [
      "Stiblen & King, attorneys for appellants; W. 0. Johnson, of counsel.",
      "J. D. Springer, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "General Gas Company et al v. Ernest B. Stuart.\n1. Injunctions\u2014When Error to Issue Without Notice.\u2014When no showing by a statement of facts is made by bill or affidavits, that the rights of the complainant will be unduly prejudiced, an injunction should not be issued without notice.\nBill for an Injunction.\u2014Appeal from the Circuit Court of Cook County; the Hon. Oliver H. Horton, Judge, presiding.\nHeard in this court at the March term, 1897.\nOrder reversed.\nOpinion filed March 29, 1897.\nStiblen & King, attorneys for appellants; W. 0. Johnson, of counsel.\nJ. D. Springer, attorney for appellee."
  },
  "file_name": "0560-01",
  "first_page_order": 558,
  "last_page_order": 560
}
