Burke v. Kleiman Decree (Partial), August 3, 1933


Decree issued by Robert E. Gentzel, Judge in Superior Court case of Olive Ida Burke vs. Isaac Kleiman, et al, 567687 in Cook County, Illinois.


"The Court further finds that the use or occupancy of said apartment in said building or premises hereinabove described, by said JAS. L. HALL, one of the defendants herein, a person of the negro race or any other person of the negro race, will greatly depreciate values of real estate in said district included in said indenture of agreement and is a violation of said agreement, and will cause irreparable injury to the complainant and the other parties to the indenture aforesaid." (8 of Decree)/(1200 of Transcript)

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the defendant, JAS. L. HALL and all persons of the negro race holding under him since the filing of the Bill of Complaint herein within thirty days from the date of the entry of this decree, vacate the said premises located at 417-19 East 60th Street, Chicago, Illinois, and upon his failure to do so that upon the motion of the complainant a Writ of Assistance or other process shall issue herein to dispossess the said James L. Hall and all persons of the negro race holding under him from said premises forthwith...."


The case was appealed to the Illinois Supreme Court which, in Burke v. Kleiman 355 Ill. 390, ruled that the case should be heard by the Appellate Court of Illinois. The Appellate Court took testimony beginning October 2, 1934, issuing a decree on 27 November 1934 in favor of the plaintiffs.


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