Alexander v. Colcord

Citations

• 85 Ill. 323

Syllabus

<p>1. Injunction—damages on dissolution—solicitor's fee. On the assessment of damages, on dissolution of an injunction, evidence of the payment of an attorney’s fee, without showing the attorney rendered services necessary to the dissolution of the injunction, is not proper.</p> <p>2. Where a party, enjoined in respect to the use of land, not only answers the bill, but files a cross-bill seeking aflSrmative relief and claiming title, and a decree is finally entered giving him the relief sought, and dismissing the original bill and dissolving the injunction, evidence heard on the assessment of damages as to his attorneys’ fees should discriminate between services rendered in the case generally and those strictly necessary to procure a dissolution of the injunction.</p> <p>3. Same—damages on dissolution—depriving party of use of land. Where a party is deprived from exercising acts of ownership over land, by an injunction wrongfully sued out, he will be entitled to such damages as are the necessary and proximate result of that deprivation. In determining then-extent, the court proceeds upon equitable principles, and is not governed</p> <p>by arbitrary or technical rules. If the party suing out the writ is sought to be charged with the value of the land for pasturage, and he has fenced the same for that purpose, he should be allowed for the improvements he has put upon the land.</p> <p>4. If the land was uninclosed at the time of the service of the injunction, and was only fit for pasture, and the defendant was not intending to use it for pasturage, or wTas not properly prepared to do so, he can claim no damages in respect to the use of the land for pasture. If intending to prepare the land for pasturing, by inclosing the same, and he was stayed by the injunction, his damages would be the use of the pasture, less the expense of preparing it for .use. If he had procured materials to fence the land, and was prevented, any loss sustained in that respect, after using due ca