Legal Opinion

Landis v. Wolf

Illinois Supreme Court

Decided December 16, 1903PublishedCited by 35 opinions

Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the County Court of Macon county; the Hon. William L. Hammer, Judge, presiding. This is an action of debt, brought by appellee against appellants upon an injunction bond, executed by appellants, as obligors, to appellee, as obligee, the appellant, George F. Righter, being surety upon the bond. Pleas were filed by the defendants, and the cause was tried by the.court without a jury.

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Appeal from the Appellate Court for the Third District;—heard in that court on appeal from the County Court of Macon county; the Hon. William L. Hammer, Judge, presiding. This is an action of debt, brought by appellee against appellants upon an injunction bond, executed by appellants, as obligors, to appellee, as obligee, the appellant, George F. Righter, being surety upon the bond. Pleas were filed by the defendants, and the cause was tried by the.court without a jury. The court found the issues for appellee, plaintiff below, and assessed the damages at $1000.00, and thereupon rendered…

1Opinion of the CourtJustice Magruder

The damages, claimed by appellee in his declaration, are, first, those alleged to have accrued to appellee during the time the injunction remained in force, that is to say, about eight months, upon the alleged ground that appellee was prevented from merchandising, and making profit on the stock of dry goods in question, and from carrying on his business as a merchant; and second, fees of his solicitors and counsel in and about the dissolution of the injunction, alleged by appellee to have been incurred and paid by him.

First—It is claimed by appellants, that the court below erred in allowing…

2Cases cited5 opinions

  1. Lambert v. AlcornIllinois Supreme Court · 1893
  2. Chapman v. KirbyIllinois Supreme Court · 1868
  3. Walker v. PritchardIllinois Supreme Court · 1890
  4. Gerard v. GateauAppellate Court of Illinois · 1884
  5. Cummings, Kenney & Co. v. MuggeIllinois Supreme Court · 1879

3Cited by35 opinions

  1. Barnett v. Caldwell Furniture Co.Illinois Supreme Court · 1917
  2. Nestor Johnson Manufacturing Co. v. GoldblattIllinois Supreme Court · 1939
  3. National Surety Co. v. Willys-Overland, Inc.Supreme Court of Florida · 1931
  4. Sewell v. HuffstetlerSupreme Court of Florida · 1922
  5. Babcock v. Chicago Railways Co.Illinois Supreme Court · 1927

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