Mix v. Singleton

Citations

• 86 Ill. 194

Syllabus

<p>1. Appeal boutd — on injunction suit—measure of damages. 'Where no damages are awarded on the dissolution of an injunction and dismissal of the bill, and the complainant appeals to this court, no damages other than nominal can be recovered, either oh the appeal or injunction bond, for any damages susiained by the wrongful suing out of the injunction, prior to the date of the decree appealed from.</p> <p>2. Same — condition construed. On appeal from an order dissolving an injunction and dismissing the bill, the appeal bond was conditioned that the obligors should duly prosecute their appeal, and should “ pay said judgment, costs, interest, and all damages caused b}^ wrongfully suing out said injunction, in case the judgment and decree should be affirmed.” It was held, that the words “ all damages caused by wrongfully suing out said injunction ” embraced only such damages as had been caused prior to the giving of the bond—not such as were caused by reason of the injunction being kept in force by the appeal.</p> <p>3. Surety — liability of, can not be enlarged. The measure of the liability of sureties is fixed by the terms of the instrument they sign, and such undertaking can not be enlarged or varied by judicial construction. Their undertaking will be construed as the words used are ordinarily understood.</p>