Chicago Public Stock Exchange v. McClaughry

Citations

• 148 Ill. 372
• 36 N.E. 88

Syllabus

<p>1. Chancery—jurisdiction—enjoining exercise of police powers. As a general rule, equity will not enjoin the exercise of police power given by law to the officers of a municipal corporation, or interfere with the public duties of any of the departments of government, or restrain proceedings in criminal matters.</p> <p>2. Same—jurisdiction—adequate remedy at law. Where a bill for an injunction shows upon its face that the act sought to be enjoined would be only a trespass, or injury to the complainant’s business, which may be compensated in damages, and there are no facts stated showing that an irreparable injury will result from the threatened trespass, the bill will be dismissed for want of equity, there being an adequate remedy at law.</p> <p>3. Same—when will enjoin a trespass. A court of equity will only entertain a bill to enjoin a trespass to prevent a multiplicity of suits or to prevent irreparable injury. It will not interfere to prevent a trespass upon the ground of irreparable injury, unless the facts and circumstances are alleged from Which it may be seen that irreparable injury will be the result of the act complained of, and that there is no adequate remedy at law. It should be shown that the defendant is-insolvent, or unable to pay the damages to accrue.</p> <p>4. Where the injury is not irreparable, and is susceptible of perfect pecuniary compensation, an injunction will not be granted to restrain a mere trespass.</p> <p>5. Same—jurisdiction to prevent multiplicity of suits. To warrant equitable interference upon the ground of preventing a multiplicity of suits, there must be different persons assailing the same right, and not a mere repetition of the same trespass by one and the same person, the case being susceptible of compensation in damages. If the right is disputed by two persons, only, not for themselves and all others in interest, but for themselves alone, equity will not interpose.</p> <p>6. If the right affects numerous parties, equity wil