Forth v. Town of Xenia

Citations

• 54 Ill. 210

Syllabus

<p>1. Assessment of damages on dissolution of injunctions—when sugges-' tions in writing required. A bill in chancery was filed to enjoin the corporation of a town 'from instituting and prosecuting actions at law against the complainant, for alleged violations of a certain ordinance of the town, prohibiting the sale of spirituous liquors therein: Held, such an injunction falls under that class of injunctions specified in the act of 1861, so that upon its dissolution, damages claimed by reason of the injunction could not be properly assessed by the court, unless the defendant filed suggestions in writing, of the nature and amount thereof. It was error to assess such damages upon a mere motion.</p> <p>2. Same—evidence upon such assessment, and the preservation thereof—presumption. In cases of assessment of damages under the act of 1861, requiring suggestions in writing to be filed, the court is required to hear evidence in respect thereof, and such evidence must be preserved in the record, to support the. decree awarding damages. There is no presumption in such case, to aid the omission of the evidence from the record.</p>