Mix v. Vail
Illinois Supreme Court
Appeal from the Circuit Court of Kankakee County; the Hon. Nathaniel J. Pillsbury, Judge, presiding. This was a suit upon an injunction bond given by the appellees, Vail, Brown, Van Kirk, Williams, Lynds, and Singleton, to the appellant, Mix. The injunction was sued out by four of the appellees, Vail, Brown, Van Kirk and Lynds, June 26, 1874, in the Kankakee circuit court, against appellant, Mix, restraining him from repairing a mill-dam across the Kankakee River.
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Appeal from the Circuit Court of Kankakee County; the Hon. Nathaniel J. Pillsbury, Judge, presiding. This was a suit upon an injunction bond given by the appellees, Vail, Brown, Van Kirk, Williams, Lynds, and Singleton, to the appellant, Mix. The injunction was sued out by four of the appellees, Vail, Brown, Van Kirk and Lynds, June 26, 1874, in the Kankakee circuit court, against appellant, Mix, restraining him from repairing a mill-dam across the Kankakee River. The injunction bond was given on that same day, the condition being that the obligors should pay to the said Mix “ all such costs…
1Opinion of the CourtJustice Sheldon
The sole question presented upon the record is, whether it was necessary that the damages should first have been assessed, before an action would lie upon the bond.
Appellant’s counsel, in support of the action, relies upon the case of Hibbard v. McKindley, 28 Ill. 240, in which it was decided that under such a condition of an injunction bond it was not necessary that the damages should have been first assessed at the time the injunction was dissolved, but that a recovery in an action upon the bond would be an award of damages within the condition. The bond there was executed on October 10,…
2Cases cited2 opinions
- Hibbard v. McKindleyIllinois Supreme Court · 1862
- Brownfield v. BrownfieldIllinois Supreme Court · 1871
3Cited by8 opinions
- Dunne v. County of Rock IslandIllinois Supreme Court · 1918
- Mapes v. FosterWyoming Supreme Court · 1928
- Shackleford v. BennettIllinois Supreme Court · 1908
- T. E. Hill Co. v. United States Fidelity & Guaranty Co.Appellate Court of Illinois · 1910
- Johnson v. StateSupreme Court of Kansas · 1903
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