Fahs v. Roberts

Citations

• 54 Ill. 192

Syllabus

<p>1. Supplemental bill—its effect. Upon the filing of a bill in chancery to enjoin the sale of property, levied on under execution, on the ground that the property was not liable to levy, and the subsequent filing of a supplemental bill, setting forth the fact that in the meantime the judgment on which the execution issued had been reversed, it was held, the original bill showing no ground for an injunction, and the supplemental bill merely presenting matters arising since the commencement of the suit, which had no connection with the ground of relief set forth in the original bill, the injunction should be dissolved.</p> <p>2. Dissolution op injunction—assessment of damages. And should damages be asked by the defendant on the dissolution of the injunction, the reversal of the judgment would be a proper matter of consideration in their assessment.</p> <p>3. Rbvebsal op judgment—remedy as to pending levy. The reversal of a judgment on which execution has issued and been levied on property of the defendant, is no ground for applying to a court of chancery to enjoin the sale, the relief being adequate at law.</p> <p>4. In such case, the court, on motion, would stay all proceedings under the reversed judgment, and direct the sheriff to discharge the property.</p> <p>5. Injunction—release of errors at law. An injunction sued out to enjoin the sale of property which has been levied on under execution at law, upon grounds independent of the validity of the judgment, does not operate to release the errors in the proceedings in which the judgment was rendered, as would be the case where the injunction has reference to the judgment itself.</p>