Kohlsaat v. Crate

Citations

• 144 Ill. 14
• 32 N.E. 481

Syllabus

<p>1. Injunctions — dissolution — amount of damages. Section 12 of chapter 69, relating to injunctions, does not, either expressly or by implication, limit the amount of damages to be assessed against the complainant on the dissolution of an injunction, to the penalty of the bond given. On the contrary, ic implies the assessment of such damages as will compensate the injured party for such losses as are directly occasioned to him, and such expenditures as are necessarily occasioned, by the wrongful suing out of the injunction, whether any bond is given or not.</p> <p>2. The office of an injunction bond is not to create or measure the liability of the complainant for damages, but to secure the payment of such damages up to the amount of the penalty of the bond.</p> <p>3. Same — of the bond. The statute (sec. 9, chap. 69) authorizes the granting of an injunction without bond in cases for good cause shown, when the judge or master is of the opinion that the injunction ought to be granted without any bond. The statute fixes the amount of the bond only in cases where the collection of judgments is sought to be enjoined. In all other cases the penalty of the bond is discretionary with the judge or master awarding the writ.</p> <p>4. Chancery — recitals in a decree — how far conclusive. One of the usual modes of preserving the evidence of a fact in a chancery suit, is by the finding of such fact in the decree. In such case, the evidence must be preserved in the record by a certificate, if its sufficiency to establish the fact is questioned. When the evidence is not preserved by certificate, the findings of fact in the decree will be conclusive on this court.</p>