Legal Opinion

Marthaler v. Druiding

Appellate Court of Illinois

Decided February 12, 1895Published

Debt-.—-In the Superior Court of Cook County, on appeal from a justice of the peace; the Hon. Jonas Hutchinson, Judge, presiding. Trial by the court; finding for plaintiff; appeal by defendant. Heard in this court at the October term, 1894, and affirmed.

1Opinion

Gary, J.,

on rehearing.

The appellant petitions for a rehearing, making the point that no action lies to recover damages sustained by an injunction, unless they have been awarded by the chancellor on dissolving it; citing Russell v. Rogers, 56 Ill. 176; Brownfield v. Brownfield, 58 Ill. 152, and McWilliams v. Morgan, 70 Ill. 551.

There are two good reasons for denying his petition:

First, that point was not made in the court below, nor in the original brief here of appellant. The court will not grant a rehearing upon a point made for the first time in < the petition for a rehearing. Gaines v.…

2Cases cited7 opinions

  1. Brownfield v. BrownfieldIllinois Supreme Court · 1871
  2. Gaines v. WilliamsIllinois Supreme Court · 1893
  3. Russell v. RogersIllinois Supreme Court · 1870
  4. People v. HansonIllinois Supreme Court · 1894
  5. McWilliams v. MorganIllinois Supreme Court · 1873

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