Colcord v. Sylvester

Citations

• 66 Ill. 540

Syllabus

<p>1. Injunction bond—disobeying writ does not defeat an action on the bond. In a suit upon an injunction bond, to recover as damages the expenses and costs incurred in defending the injunction proceeding, which was to enjoin the plaintiffs from selling or disposing of certain lands, it appeared that the plaintiff, before the dissolution of the injunction, disobeyed the-writ by selling the lands: Held, that, by such disobedience of the mandate of the writ, the parties became amenable to the action of the court for a contempt, but that the same did not operate to defeat their right of action for a breach of the conditions of the bond, to recover such damages as they had actually sustained.</p> <p>3. Same—not subject to rules applicable to contracts. An injunction bond is an undertaking to which the obligees are unwilling parties, and is not a contract of their making. By it, they do not undertake that they will obey the writ. Hence, the strict rules applicable to contracts mutually entered into, which prohibit the party violating his contract from maintaining an action on the same, has no application to such a bond.</p>