Crate v. Kohlsaat

This case begun by a distress for rent by the appellee against the appellant. The only question now is, whether the damages sustained by the appellant by an injunction sued out by the appellee, which prevented the appellant from using or sub-letting the premises for dram shops, and which injunction was afterward dissolved, should have been allowed to the appellant as a counter-claim, recoupment or set-off.

On principle, notwithstanding the case of Gorton v. Brown, 21 Ill. 489, it would seem that for maliciously and without probable cause suing out an injunction that is afterivard dissolved,…