Sunset Hills Homeowners Ass'n v. Karel
Appellate Court of Illinois
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
- Biehn v. TessAppellate Court of Illinois · 1950
- Schuler v. WolfIllinois Supreme Court · 1939
- Baird v. Community High School District No. 168Illinois Supreme Court · 1922
- McGovern v. BrownIllinois Supreme Court · 1925
- Jones v. City of ChicagoAppellate Court of Illinois · 1952
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