Rice, Friedman & Maxwell Co. v. Goldberg
Appellate Court of Illinois
Appeal from the Superior Court of Cook County; the Hon. Gwyot Gaknett, Judge, presiding. ¡ Rice, Friedman & Maxwell Company brought a creditors’ hill against David Goldberg, the judgment debtor, Flora Goldberg, Mathan Heufeldt and Canute R. Matson, Sheriff, and by said bill sought to have certain judgments, one in favor of said Flora and another in favor of said Hathan, entered up by confession against said David Goldberg, set aside and declared void as to plaintiff, a…
Read the full summary
Appeal from the Superior Court of Cook County; the Hon. Gwyot Gaknett, Judge, presiding. ¡ Rice, Friedman & Maxwell Company brought a creditors’ hill against David Goldberg, the judgment debtor, Flora Goldberg, Mathan Heufeldt and Canute R. Matson, Sheriff, and by said bill sought to have certain judgments, one in favor of said Flora and another in favor of said Hathan, entered up by confession against said David Goldberg, set aside and declared void as to plaintiff, a creditor of said David. Execution had been issued on the respective judgments and "were in the hands of said Sheriff, who was…
1Opinion of the CourtMcAllister, J.
Section twelve of our .injunction statute, (1 Starr & C. Ill. Stat. 1285) provides a summary mode for the assessment of damages sustained by a party to the suit, by reason of the injunction, “in all cases where an injunction is dissolved by any court of chancery in this State,” and prescribes the contingency, condition and proceedings.
Such statutes, authorizing a summary proceeding, are usually subject to a strict construction. As in this case, the suggestions in writing can not be dispensed with except by the consent of the adverse party. Winkler v. Winkler, 40 Ill. 179. And it may be a…
2Cases cited1 opinion
- Winkler v. WinklerIllinois Supreme Court · 1866
3Cited by2 opinions
- Schien v. City of VirdenIllinois Supreme Court · 1955
- Moore v. WestAppellate Court of Illinois · 1906