Alexander v. Colcord
Illinois Supreme Court
Appeal from the Circuit Court of Bond county; the Hon. William H. Snyder, Judge, presiding. Appellant, in April, 1868, filed his bill in equity, against appellee, in the court below, alleging that he was lawfully possessed, as owner, of a certain tract of 46 £ acres of land, in the vicinity of G-reenville, in Bond county; that appellee had been trespassing thereon, and was threatening further trespasses, by cutting and removing timber, wood, etc., from the land, and that he…
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Appeal from the Circuit Court of Bond county; the Hon. William H. Snyder, Judge, presiding. Appellant, in April, 1868, filed his bill in equity, against appellee, in the court below, alleging that he was lawfully possessed, as owner, of a certain tract of 46 £ acres of land, in the vicinity of G-reenville, in Bond county; that appellee had been trespassing thereon, and was threatening further trespasses, by cutting and removing timber, wood, etc., from the land, and that he was insolvent. The prayer of the bill was, among other things, for a temporary injunction enjoining appellee from…
1Opinion of the CourtChief Justice Soholfield
We are of opinion the damages decreed to be paid by reason of the injunction are excessive.
It is impossible to determine, from the evidence preserved, the precise basis of the computation made by the court; but evidence respecting what must have been the principal items in the computation was, evidently, admitted under a misapprehension of the correct rule applicable in inquiries of this character.
Evidence was received of $25 paid to Messrs. Palmer and Hay, attorneys at law; but, instead of showing that they rendered services necessary to the dissolution of the injunction, it shows that they…
2Cited by15 opinions
- Nansemond Timber Co. v. RountreeSupreme Court of North Carolina · 1898
- Leonard v. PearceAppellate Court of Illinois · 1933
- Stone v. Hunter Tract Improvement Co.Washington Supreme Court · 1912
- Jameson v. BartlettNebraska Supreme Court · 1902
- Gobbi v. DileoOregon Supreme Court · 1910
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