Legal Opinion · Dissent

Sunset Hills Homeowners Ass'n v. Karel

Appellate Court of Illinois

Decided January 18, 1963No. Gen. No. 48,920Published

1DissentEnglish, J.

I mast dissent, becaase, in my opinion, the complaint in this case does not state a canse of action. The rales for reviewing the exercise of a chancellor’s discretion do not come into play if, as a matter of law, the complaint itself is deficient.

In Malnick v. Rosenthal, 313 Ill App 249, this court said at pages 254, 295, 39 NE2d 767:

It is fundamental that to entitle a plaintiff to relief by way of temporary injunction, his complaint must allege facts which prima facie give him the right to the relief prayed for on a final hearing.

Since plaintiffs’ complaint did not make out a prima facie…

2Cases cited10 opinions

  1. Biehn v. TessAppellate Court of Illinois · 1950
  2. Schuler v. WolfIllinois Supreme Court · 1939
  3. Baird v. Community High School District No. 168Illinois Supreme Court · 1922
  4. McGovern v. BrownIllinois Supreme Court · 1925
  5. Jones v. City of ChicagoAppellate Court of Illinois · 1952

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