Legal Opinion

Dunning v. Young

Appellate Court of Illinois

Decided January 7, 1897Published

Motion for Damages, on dissolution of an injunction. Appeal from the Superior Court of Cook County; the Hon. Theodore Brentano, Judge, presiding.

1Opinion of the CourtJustice Waterman

The only damages that can be allowed on the dissolution of an injunction are such as result from an improper suing out of the same; and the allowance for solicitors’ fees must be confined to service rendered on the motion to dissolve. Elder et al. v. Sabin et al., 66 Ill. 126; Lichtenstadt v. Fleisher, 24 Ill. App. 92; Weaver, Adm’r, v. Fries, 85 Ill. 349; Blair v. Reading et al., 99 Ill. 600; Moriarty v. Galt, 125 Ill. 417.

The allowance of fees rests, to a considerable degree, in the discretion of the chancellor before whom the -litigation has proceeded, and the discrimination made by him,…

2Cases cited5 opinions

  1. Blair v. ReadingIllinois Supreme Court · 1881
  2. Elder v. SabinIllinois Supreme Court · 1872
  3. Moriarty v. GaltIllinois Supreme Court · 1888
  4. Wilson v. HækerIllinois Supreme Court · 1877
  5. Lichtenstadt v. FleisherAppellate Court of Illinois · 1887

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