Roberts v. Fahs
Illinois Supreme Court
Writ of Error to the Circuit Court of Wabash county; the Hon. Samuel S. Marshall, Judge, presiding. It appears from the record, in this case, that defendants in error recovered a judgment against the Ohio and Mississippi Railroad Company, at the September term, 1858, of the Edwards Circuit Court, for the sum of four thousand dollars.
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Writ of Error to the Circuit Court of Wabash county; the Hon. Samuel S. Marshall, Judge, presiding. It appears from the record, in this case, that defendants in error recovered a judgment against the Ohio and Mississippi Railroad Company, at the September term, 1858, of the Edwards Circuit Court, for the sum of four thousand dollars. An execution was subsequently issued upon this judgment, directed to the sheriff of Richland county, and levied upon a large quantity of cord wood, designed by the company to be used as fuel, and likewise upon some other property. A bill was afterwards filed…
1Opinion of the CourtChief Justice Walker
It is insisted, that the act of 1861, (Sess. Laws, 133,) does not authorize the court, on the dissolution of an injunction, in assessing damages, to include the judgment enjoined. That act declares that in all cases where an injunction is dissolved, the court, after dissolving the same, and before finally disposing of the case, if the party claiming damages by reason ' of the injunction having been issued, shall suggest in writing the nature and amount thereof, shall hear evidence'and assess such damages as the nature of the case shall require, and to equity appertains, to the party…
2Cited by15 opinions
- Stirlen v. NeustadtAppellate Court of Illinois · 1893
- Joslyn v. DickersonIllinois Supreme Court · 1873
- Walker v. PritchardIllinois Supreme Court · 1890
- Brownfield v. BrownfieldIllinois Supreme Court · 1871
- Higgins v. BullockIllinois Supreme Court · 1874
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