Leavitt v. Lusch
Appellate Court of Illinois
Error to the Superior Court of Cook county; the Hon. Charles M. Foell, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1914.
1Opinion of the Court
Mr. Presiding Justice Barnes
delivered the opinion of the court.
It is unnecessary to consider any of the points urged as error except whether any damages were proven. If we assume that an injunction will be deemed as wrongfully sued out where complainant dismisses his bill of complaint without consent of the defendants and without adjudication of its merits, still the record before us discloses no adequate proof of damages and also that they were assessed upon an untenable theory.
The theory upon which the master reached his conclusions and the court approved his report was a mistaken one. It…
2Cases cited2 opinions
- McDonald v. DanahyIllinois Supreme Court · 1902
- Chicago Title & Trust Co. v. City of ChicagoIllinois Supreme Court · 1904
3Cited by6 opinions
- Farwell Construction Co. v. TicktinAppellate Court of Illinois · 1980
- DeCastro v. DeCastroMassachusetts Supreme Judicial Court · 1993
- Global Contact Lens, Inc. v. KnightDistrict Court of Appeal of Florida · 1971
- Gorham v. Massillon Iron & Steel Co.Appellate Court of Illinois · 1918
- Kolin v. LeitchAppellate Court of Illinois · 1953
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