Bennett v. McFadden
Illinois Supreme Court
Writ of Error to the Circuit Court of Woodford county; the Hon. S. L. Richmond, Judge, presiding. This was a bill in chancery, filed by Solomon Bennett, on the 31st of May, 1866, in the Peoria circuit court, against MoFadden, sheriff of Peoria county, and others, to enjoin the sale of Bennett’s lot, to satisfy an execution in favor of Selz et al. against Israel Bennett. An injunction was granted.
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Writ of Error to the Circuit Court of Woodford county; the Hon. S. L. Richmond, Judge, presiding. This was a bill in chancery, filed by Solomon Bennett, on the 31st of May, 1866, in the Peoria circuit court, against MoFadden, sheriff of Peoria county, and others, to enjoin the sale of Bennett’s lot, to satisfy an execution in favor of Selz et al. against Israel Bennett. An injunction was granted. Afterwards, on motion of the defendants, the injunction was dissolved, and a change of venue taken to Woodford county, and upon a hearing the bill was dismissed, and $50 damages were awarded in favor…
1Opinion of the Court
Per Curiam :
Where the court, ujion a motion made to dissolve an injunction for want of equity in the bill, sustains the motion, dissolves the injunction and dismisses the bill, the allegations of the bill are to be taken as true, the same as upon a demurrer. The matters alleged in the bill in this case bring it within the principle of the ease of Christie et al. v. Hale, 46 Ill. 117.
The court below erred in dissolving the injunction-and dismissing the bill for want of equity, and the decree must be reversed and the cause remanded.
Decree reversed.
2Cases cited1 opinion
- Christie v. HaleIllinois Supreme Court · 1867
3Cited by6 opinions
- Bishop v. MoormanIndiana Supreme Court · 1884
- White v. Young Men's Christian Ass'n of ChicagoIllinois Supreme Court · 1908
- First National Bank v. DeitchIndiana Supreme Court · 1882
- Clark v. EvansAppellate Court of Illinois · 1907
- Stamatakos v. McCaffreyAppellate Court of Illinois · 1913
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