People ex rel. Thrasher v. Eisenberg
Appellate Court of Illinois
Appeal from the Circuit Court of Cook county; the Hon.'Jesse A. Baldwin, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1917.
1DissentJustice Thomson
I am unable to concur in the majority opinion in this case. Section 12 of the Injunction Act (J. & A. 6172), under the provisions of which the trial court assessed damages, has frequently been before our courts and they have repeatedly interpreted it to mean that damages might be assessed, upon suggestion of the complaining party, whenever there had been a dissolution of an injunction, which had been wrongfully sued out by the other party to the litigation. Beauchamp v. Board Sup’rs Kankakee County, 45 Ill. 274; Kohlsaat v. Crate, 144 Ill. 14.
If one sues out a writ of injunction but fails to…
2Cases cited2 opinions
- Kohlsaat v. CrateIllinois Supreme Court · 1892
- Beauchamp v. Board of SupervisorsIllinois Supreme Court · 1867