Albright v. Smith

Citations

• 68 Ill. 181

Syllabus

<p>1. Injunction—damages on dissolution. Where an injunction is dissolved, that being the only relief sought by the bill, the suit may be treated as ended, and a suggestion of damages at a succeeding term comes too late, and the court has no authority to assess the same on such suggestion.</p> <p>2. Same—damages can not be assessed in frnor of a party not named in suggestions. On the dissolution of an injunction, upon suggestion of damages as to certain persons, it is erroneous for the court, in its assessment, to include a sum to a defendant in whose favor no written suggestion has been made.</p> <p>3. Chancery—evidence must be preserved. The rule in chancery requiring the evidence upon which a decree is rendered to be preserved in the record, applies to an order of the court assessing damages on the dissolution of an injunction; and unless the evidence is preserved, the decree will be reversed as to the assessment.</p>