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Middeke v. Balder

Augusta Middeke, Adm'r, etc. v. Rose Balder

Middeke v. Balder, 98 Ill. App. 525 (1901)
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Court
Appellate Court of Illinois · State Appellate Courts
Decided
November 26, 1901
Citations
98 Ill. App. 5251901 Ill. App. LEXIS 300
Disposition
Affirmed.
Headnotes
1. Practice — Where a Decree is Reversed and Remanded. — Where a decree is reversed and the cause remanded for further proceedings consistent with the decision, and such further proceedings have been had and a decree entered accordingly, from which another appeal is prosecuted, no new evidence being introduced and the record in all material respects being the same as when the cause was previously reviewed, the decision then made, so far as this court is concerned, is binding and conclusive.
Summary
Bill of Interpleader. — Appeal from the Circuit Court of Cook County; the Hon. Charles G. Neely, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1901.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Opinion per Curiam. The facts in this cause will be found stated in Balder v. Middeke, 92 Ill. App. 227 . The decree then under consideration was reversed and the cause “remanded for further proceedings consistent wTith this decision.” Such further proceedings have been had and a decree entered accordingly, from which this appeal is prosecuted. Ho new evidence was introduced, and the record in all material respects is the same as when the cause was before reviewed in the Appellate Court.

The decision then made and the views then expressed, so far as this court is concerned, are binding and conclusive.

The judgment of the Circuit Court is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1917: 11937: 119172026peak 1917 · 1

Relies on it most ⓘ

  1. Colovos' Adm'r v. Gouvas108 S.W.2d 820 (Ky. Ct. App. 1937)
  2. People v. Powers208 Ill. App. 532 (1917)

Most recent

  1. Colovos' Adm'r v. Gouvas108 S.W.2d 820 (Ky. Ct. App. 1937)
  2. People v. Powers208 Ill. App. 532 (1917)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Balder v. Middeke, 92 Ill. App. 227 (1900) 10

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