Mix v. Singleton
Illinois Supreme Court
Appeal from the Circuit Court of Kankakee County; the Hon. Nathaniel J. Pillsbuky, Judge, presiding. This suit was commenced on an appeal bond given by defendants to plaintiffs in the penal sum of $6,000, with a condition written thereunder in which it is recited plaintiffs had recovered a judgment or decree against the principals in the bond, in a proceeding or bill in chancery for an injunction, by which such injunction was dissolved and bill dismissed, and also judgment…
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Appeal from the Circuit Court of Kankakee County; the Hon. Nathaniel J. Pillsbuky, Judge, presiding. This suit was commenced on an appeal bond given by defendants to plaintiffs in the penal sum of $6,000, with a condition written thereunder in which it is recited plaintiffs had recovered a judgment or decree against the principals in the bond, in a proceeding or bill in chancery for an injunction, by which such injunction was dissolved and bill dismissed, and also judgment for costs, from which they took an appeal to the Supreme Court; and it was then provided if the principals named “ should…
1Opinion of the CourtJustice Scott
It does not appear any damages were awarded plaintiffs on the dissolution of the injunction in the circuit court, and because of that omission, it is apprehended, no damages other than nominal can be recovered, either on this-bond or the original injunction bond, for any damages-plaintiffs may have suffered by* reason of the wrongful suing out of the injunction, prior to the date of the decree appealed from. .The case of Mix v. Vail et al., at present term, is conclusive as to this view of the law.
But the declaration in this case is not framed with a view to recover such damages. Only such…
2Cited by11 opinions
- Rhodes v. SiglerAppellate Court of Illinois · 1976
- Nofsinger v. HartnettSupreme Court of Missouri · 1884
- Vinyard v. BarnesIllinois Supreme Court · 1888
- Citizens Trust Co. v. TindleSupreme Court of Missouri · 1917
- Gerard v. GateauAppellate Court of Illinois · 1884
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