Hummert v. Schwab

Citations

• 54 Ill. 142

Syllabus

<p>1. Affidavits on motion to dissolve injunction—at what time they may be JUed. The provision of the thirteenth section of the chapter of the revised statutes entitled “He exeat and Injunctions,” authorizing affidavits, filed with the bill and answer, to be read on motions to dissolve injunctions, must not be construed as requiring the affidavits to be filed at the same time with the bill and answer, to authorize them to be read, but only to be filed in the case with the bill or answer, no matter when, so it is before the hearing of the motion.</p> <p>2. Dismissal of bill on dissolution of injunction. Upon the filing of a bill in chancery praying an injunction, and also other relief, it is error to dismiss the bill upon the hearing merely of the motion to dissolve the injunction, the bill not yet being submitted. The bill should be retained and all the evidence heard when, on a final hearing, if the complainant fails to sustain his bill, it should be dismissed.</p>