Stearns v. Swanson

Appellate Court of Illinois

Stearns v. Swanson

208 Ill. App. 299

CourtAppellate Court of Illinois

DecidedDecember 3, 1917

DocketGen. No. 23,548

StatusPublished

This text of 208 Ill. App. 299 (Stearns v. Swanson) 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

Stearns v. Swanson, 208 Ill. App. 299 (Ill. Ct. App. 1917).

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Opinion

Mr. Presiding Justice Hoddom

delivered the opinion of the court.

Abstract of the Decision. 1. Judgment, § 349*—when bond given on interlocutory order granting injunction without notice against collection of judgment is invalid. Where the bond given on an interlocutory order grant- ■ ing, without notice, an injunction, which restrains, among other things, the collection of certain judgments obtained by defendant against complainant, does not provide for the payment of such judgments in the event that the injunction is dissolved, such bond is in violation of Hurd’s Rev. St. ch. 69, sec. 8 (J. & A. If 6168). 2. Judgment, § 349*—who has right to assess damages where interlocutory order granting injunction is reversed on appeal. Where an interlocutory order granting an injunction is reversed on appeal, the assessment of defendant’s damages is for the chancellor and not for the Appellate Court.

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Mr. Presiding Justice Hoddom

delivered the opinion of the court.

Abstract of the Decision. 1. Judgment, § 349*—when bond given on interlocutory order granting injunction without notice against collection of judgment is invalid. Where the bond given on an interlocutory order grant- ■ ing, without notice, an injunction, which restrains, among other things, the collection of certain judgments obtained by defendant against complainant, does not provide for the payment of such judgments in the event that the injunction is dissolved, such bond is in violation of Hurd’s Rev. St. ch. 69, sec. 8 (J. & A. If 6168). 2. Judgment, § 349*—who has right to assess damages where interlocutory order granting injunction is reversed on appeal. Where an interlocutory order granting an injunction is reversed on appeal, the assessment of defendant’s damages is for the chancellor and not for the Appellate Court.

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Bluebook (online)

208 Ill. App. 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stearns-v-swanson-illappct-1917.