Reich v. Berdel

Appellate Court of Illinois

Reich v. Berdel

27 Ill. App. 265, 1888 Ill. App. LEXIS 512

DecidedSeptember 18, 1888

StatusPublished

This text of 27 Ill. App. 265 (Reich v. Berdel) 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

Reich v. Berdel, 27 Ill. App. 265, 1888 Ill. App. LEXIS 512 (Ill. Ct. App. 1888).

Pincite

Opinion

Moran, P. J.

This is an appeal from a decree assessing damages on the dissolution of an injunction which had been sued out by appellant. The record shows only a suggestion of damages, and that the damages were assessed at §164.75. It does not appear that the court heard any evidence showing the nature or extent of the damages nor how they arose.

It has been repeatedly held a judgment for such damages can not be supported on appeal, unless the evidence authorizing the judgment is preserved in the record. There is noth, ing whatever to support this decree for damages, and it must therefore be reversed and the case remanded.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

Moran, P. J.

This is an appeal from a decree assessing damages on the dissolution of an injunction which had been sued out by appellant. The record shows only a suggestion of damages, and that the damages were assessed at §164.75. It does not appear that the court heard any evidence showing the nature or extent of the damages nor how they arose.

It has been repeatedly held a judgment for such damages can not be supported on appeal, unless the evidence authorizing the judgment is preserved in the record. There is noth, ing whatever to support this decree for damages, and it must therefore be reversed and the case remanded.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

27 Ill. App. 265, 1888 Ill. App. LEXIS 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reich-v-berdel-illappct-1888.