(Download) "Ariola v. Nigro" by Supreme Court of Illinois # Book PDF Kindle ePub Free
eBook details
- Title: Ariola v. Nigro
- Author : Supreme Court of Illinois
- Release Date : January 20, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The parties to this appeal, who are adjoining land owners, were adversaries in a complaint and counterclaim filed in the circuit
court of Cook County, each praying for injunctive relief and the recovery of damages from the other. After extensive proceedings
the chancellor entered a decree making the following adjudications: (1) That the foundations, but not the walls, of the parties'
respective buildings mutually encroach upon the land of the other, and that such encroachments are unworthy of remedy; (2)
that plaintiffs enjoyed an easement along the west wall of their building, said easement projecting six inches over defendants'
premises, for the maintenance of a gutter and downspouts; (3) that although defendants had wrongfully and permanently deprived
plaintiffs of the benefits of their easement, plaintiffs were not entitled to equitable relief because they had been guilty
of laches in asserting their right; (4) that plaintiffs were entitled to, and limited to, damages for the deprivation of their
easement rights in an amount to be measured by the cost of furnishing a roof drainage system for plaintiffs' building "equivalent
in all respects to, and as fully effective as, the roof drainage system enjoyed by plaintiffs immediately before the destruction
thereof by the defendants." Following such findings, the decree re-referred the cause to the master for the purpose of ascertaining
such damages, (with directions to report the same to the court together with the master's "conclusions of law and of fact,
and recommendations,") reserved the question of costs pending the further report of the master, found that no other relief
should be allowed, and dismissed both the plaintiffs' complaint and the defendants' counterclaim for want of equity. Plaintiffs
have appealed from such decree contending they are entitled to relief by way of a mandatory injunction; defendants have cross-appealed
reasserting their claims to both injunctive relief and the recovery of damages. In a supplemental brief, requested when the cause was argued orally, defendants now concede the decree does not possess the
requisites to make it final and appealable and suggest alternately that the appeal must be dismissed, by virtue of newly enacted
section 50(2) of the Civil Practice Act (Ill. Rev. Stat. 1957, chap. 110, par. 50 (2),) because there has been no finding
by the trial court that there is no just reason for delaying appeal until all the claims, rights or liabilities of the parties
are decided. Plaintiffs, however, persist in their contention that the decree is final and appealable and argue that section
50(2) is inapplicable because multiple claims are not involved in this proceeding.
 "Ariola v. Nigro" by Supreme Court of Illinois # Book PDF Kindle ePub Free){kind=link}