Cummings, Kenney & Co. v. Mugge

Citations

• 94 Ill. 186

Syllabus

<p>1. Injunction—measure of damages on dissolution. On an assessment of damages, after the dissolution of an injunction, the dismissal of the bill and dissolution of the injunction are conclusive evidence that the writ was wrongfully sued out. Where the defendant was enjoined'from taking possession of lumber claimed by him, for about three weeks, the damages recoverable are only such as will cover his injury by the delay caused and the expense necessarily incurred in procuring the dissolution of the injunction.</p> <p>2. The sureties in the injunction bond are not liable for wrongs suffered by the defendant, during the time the injunction was in force, by unlawful acts of the complainant, other than the improvident act of suing out the writ. They are not liable for the tortious acts of the complainant in taking and converting the property during the pendency of the injunction.</p>