Dickey v. Reed

Citations

• 78 Ill. 261

Syllabus

<p>1. Injunctions—power to award them. To the complete authority of a court to award an injunction, it is necessary that there shall be a complainant, who must file a bill, alleging facts, showing that he has an interest in the matter in litigation, or at least a right to complain and have relief for others. There must be a matter about which rights are claimed, and that matter must be within the power of the court, when properly before it, to act upon or control it, by its sentence; and if any or either of these essential requirements are wanting, the court can not decree that a restraining order shall issue.</p> <p>2. A court of chancery has no power to restrain, by injunction, a board of canvassers from canvassing the returns of an election, where the law under which the election was held, neither in terms nor by implication confers such power, and where there are no facts before the court which require it to take judicial cognizance, and hear, adjudicate and decree.</p> <p>3. Whilst the writ of injunction is one of the most important in the law, and is, in fact, indispensable to the complete administration of justice, it is liable to great abuse, and it would not be wise, nor would it promote justice, to extend its use to cases of doubtful right, or to accomplish ends where there are other adequate remedies.</p> <p>4. Same—when writ void. A writ of injunction, issued in a matter where the court could not, under any circumstances, have power to hear, determine and decree in reference to such matter, is cora/m non judies, and void.</p> <p>5. Same—when issued by a court homing no power, need not be obeyed. Where a writ of injunction is issued by a court which has power over the subject matter, and authority to take jurisdiction, it must be obeyed; but where the power of the court is wholly wanting, the writ is void, and can legally operate on no one, nor can anyone be punished for contempt for disobeying it.</p> <p>6. Political power of the State—not subject to the