Lake Shore & Michigan Southern Railway Co. v. Taylor

Citations

• 134 Ill. 603
• 25 N.E. 588
• 1890 Ill. LEXIS 1003

Syllabus

<p>1. Injunction — after the act is done—writ improvidently granted. Where the act sought to be enjoined is done before the complainant’s bill is filed, and he knows it is already done, a preliminary injunction issued to prevent the act will be improvidently granted, and will be properly dismissed on the hearing.</p> <p>2. Same—from what time operative. An injunction becomes operative, not merely from the time the writ is issued, but from the moment it is ordered by the judge.</p> <p>3. Writ of restitution—after dissolution of injunction. After a person who claimed a strip of ground had inclosed the same by a fence, an adverse claimant procured an injunction restraining him from taking possession of the land or erecting the fence thereon, and while the defendant was restrained by the writ the complainant tore down such fence, and included the strip with his adjoining enclosure. It was held proper for the court, in dissolving the injunction, to restore the defendant to possession by a writ of restitution. The court should place the parties in statu quo.</p>