Fry v. Radzinski
Appellate Court of Illinois
Injunction proceeding. Appeal from the Circuit Court of Cook County; the Hon. Richabd S. Tuthill, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court.
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Injunction proceeding. Appeal from the Circuit Court of Cook County; the Hon. Richabd S. Tuthill, Judge, presiding. Heard in this court at the October term, 1904. Statement by the Court. Appellant filed a bill agaihst appellees to enjoin them from collecting or paying over two judgments entered by the Circuit Court in favor of appellee in attachment, without personal service, against Frederick Franke and Adolphine Franke, one dated June 6, 1900, for $2,5.20, and the other dated June 7, 1900, for $2,160. It is alleged that September 15, 1896, Frederick and Adolphine Franke delivered to…
1Opinion of the Court
Mr. Presiding Justice Ball
delivered the opinion of the court.
Appellant contends: First. That as the Circuit Court refused to dissolve the injuncton, and the Branch Appellate Court did dissolve it, the former court could not assess damages upon the dissolution of the injunction, for the reason, that the statute provides (B. S. Hurd 1903, sec. 12, chapter 69, p. 1042) that the court dissolving the injunction must assess the damages. The language of that section is, “Where an injunction is dissolved by any court of chancery in this State, the court * * * shall hear evidence and assess such…
2Cases cited12 opinions
- Wilson v. Carlinville National BankAppellate Court of Illinois · 1900
- Hummert v. SchwabIllinois Supreme Court · 1870
- Weaver v. PoyerIllinois Supreme Court · 1873
- Martin v. JamisonAppellate Court of Illinois · 1891
- Murphy v. MurphyAppellate Court of Illinois · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Chicago Title & Trust Co. v. DanforthAppellate Court of Illinois · 1907