Garrity v. Chicago & Northwestern Railway Co.

Appellate Court of Illinois

Garrity v. Chicago & Northwestern Railway Co.

22 Ill. App. 404, 1886 Ill. App. LEXIS 361

CourtAppellate Court of Illinois

DecidedApril 26, 1887

StatusPublished

Cited by5 cases

This text of 22 Ill. App. 404 (Garrity v. Chicago & Northwestern Railway Co.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Garrity v. Chicago & Northwestern Railway Co., 22 Ill. App. 404, 1886 Ill. App. LEXIS 361 (Ill. Ct. App. 1887).

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Opinion

Per Curiam.

This appeal is from an assessment of damages upon the dissolution of an injunction which had been obtained by appellants against appellees. The injunction was made perpetual in the Circuit Court and the judgment of said court was affirmed on appeal to this court.

One of appellees sued, out a writ of error from the Supreme Court and the judgment. was reversed by that court, and, the Circuit Court allowed appellees to file suggestions of damages and assessed the damages for the reasonable value of attorney’s services in the Circuit Court, at $500. Ho other damages were asked for.

Appellants contend that, as the dissolution was the result of the action of the Supreme Court taken in this suit upon a writ of error, the Circuit Court had no jurisdiction to assess the damages upon the dissolution which the Supreme Court directed; that the writ of error was a new suit, not a continuation of the old one. There is nothing in the point. When the injunction is dissolved by a court of chancery as a result of regular proceedings, which in law are effectual to bring about the dissolution, the defendants may have such damages assessed as they are entitled to before the dismissal of the bill. Several technical objections are urged by appellants which we do not deem it necessary to discuss. Suffice it to say, that we do not find any of them tenable. The decree for damages is fully sustained by the evidence in the record and must be affirmed.

Decree affirmed.

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Per Curiam.

This appeal is from an assessment of damages upon the dissolution of an injunction which had been obtained by appellants against appellees. The injunction was made perpetual in the Circuit Court and the judgment of said court was affirmed on appeal to this court.

One of appellees sued, out a writ of error from the Supreme Court and the judgment. was reversed by that court, and, the Circuit Court allowed appellees to file suggestions of damages and assessed the damages for the reasonable value of attorney’s services in the Circuit Court, at $500. Ho other damages were asked for.

Appellants contend that, as the dissolution was the result of the action of the Supreme Court taken in this suit upon a writ of error, the Circuit Court had no jurisdiction to assess the damages upon the dissolution which the Supreme Court directed; that the writ of error was a new suit, not a continuation of the old one. There is nothing in the point. When the injunction is dissolved by a court of chancery as a result of regular proceedings, which in law are effectual to bring about the dissolution, the defendants may have such damages assessed as they are entitled to before the dismissal of the bill. Several technical objections are urged by appellants which we do not deem it necessary to discuss. Suffice it to say, that we do not find any of them tenable. The decree for damages is fully sustained by the evidence in the record and must be affirmed.

Decree affirmed.

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Bluebook (online)

22 Ill. App. 404, 1886 Ill. App. LEXIS 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garrity-v-chicago-northwestern-railway-co-illappct-1887.

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