Hawley v. State Bank
Appellate Court of Illinois
Injunctional proceeding. Appeal from the Circuit Court of Cook county; the Hon. Lockwood Honobb, Judge, presiding. Heard in this court at the March term, 1907. Statement by the Court. This appeal is by one M. J. Hawley from an injunction pendente lite issued by a chancellor in the Circuit Court in the case of Buckingham and others against The Traders Insurance Company, on the motion of The State Bank of Chicago, a receiver appointed in said cause.
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Injunctional proceeding. Appeal from the Circuit Court of Cook county; the Hon. Lockwood Honobb, Judge, presiding. Heard in this court at the March term, 1907. Statement by the Court. This appeal is by one M. J. Hawley from an injunction pendente lite issued by a chancellor in the Circuit Court in the case of Buckingham and others against The Traders Insurance Company, on the motion of The State Bank of Chicago, a receiver appointed in said cause. The receiver had filed in said cause a petition, hereinafter more particularly described, against said Hawley, and the injunction was an…
1Per curiam
In our opinion the interlocutory injunction appealed from should be dissolved as improvidently and erroneously granted.
It is apparent that if a permanent injunction ought not to be granted on the petition involved, no preliminary one should be ordered. Such a permanent injunction is, the majority of the court think, prohibited by principle, expediency and authority. We are agreed in the belief, however, that the Circuit Court had the jurisdiction and the legal power to enter the order complained of. This makes it useless to comment upon the arguments made or suggested on either side orally or…
2Cases cited3 opinions
- Heyer v. AlexanderIllinois Supreme Court · 1884
- Western Union Telegraph Co. v. Pacific & Atlantic Telegraph Co.Illinois Supreme Court · 1868
- Smith v. BerzAppellate Court of Illinois · 1905
3Cited by2 opinions
- Wehrhane v. PeytonSupreme Court of Connecticut · 1948
- Carpenter, Baggott & Co. v. HanesSupreme Court of North Carolina · 1913