Billings v. Sprague

Citations

• 49 Ill. 509

Syllabus

<p>1. ‘ Injunction—in cases to enjoin collection of a note—bond may provide, for payment of the debt. In a suit to enjoin the collection of a promissory note, the statute prescribes no rule in regard to the conditions to be inserted in the injunction bond, and in such cases, the judge or master granting the writ, may require a complainant to give security for the payment of the note, in the event he fails to maintain his suit:</p> <p>2. Same—bond conditioned to pay the debt—surety liable therefor—upon dissolution of the injunction. And in injunction cases of this character, where the bond is conditioned for the payment of the debt, the liability of the surety therefor becomes fixed, upon the dissolution of the injunction, and a recovery may be had against him, in an action upon the bond.</p> <p>3. Surety—debt paid by surety—on an injunction bond—rights of. And where, in such suit, the note enjoined is secured by a deed of trust, and the bond provides for its payment, in event the injunction is dissolved, the surety, when he shall have paid the debt, will be. substituted in equity to the lien under the trust deed.</p> <p>4. Instruction—directing the finding. In an action upon an injunction bond, the court instructed the jury what amount to find. Meld, that this was erroneous. But, inasmuch as it appeared from the record that the verdict could not have been for a less sum, being simply the amount of the debt, which rested merely in computation, the judgment would not, for such error, be reversed, and the parties put to the additional costs of a new trial.</p>