Menard v. Hood

Citations

• 68 Ill. 121

Syllabus

<p>1. Injunction—office is to afford preventive, and not affirmative, redress. In our practice, the writ of injunction is only called into use to afford, preventive relief. It is never employed to give affirmative relief, or to correct wrongs and injuries already perpetrated, or to restore parties to rights of which they have been deprived.</p> <p>2. Thus, where a bill ivas filed for an injunction to restrain county officers from issuing and delivering the bonds of a county to a railway corporation, and the proof clearly showed that they had been issued and delivered before the commencement of the suit, the bill was properly dismissed, as the court was powerless to grant the relief sought.</p> <p>8. Same—remedy for disobedience to writ. If the defendants, after proper notice of the issuing of a writ of injunction, or after service, proceed to perform the forbidden act, the proper course to pursue is, to proceed against them for a contempt, and, upon conviction, fine them for disobeying the process of the court, and if the circumstances require it, the punishment may be extended to imprisonment.</p>