Moriarty v. Galt

Citations

• 125 Ill. 417

Syllabus

<p>Attorney’s fees—as an element on suggestion of damages on dissolution of injunction. The purchaser of a homestead filed his bill to prevent the sale of the same by the sheriff, on an execution against the purchaser’s grantor, on the ground the premises were not subject to levy and sale, and obtained an injunction staying the sale. On the hearing, the injunction was made perpetual, and on appeal the decree was reversed, and the cause remanded, with directions, substantially, to dismiss the bill, whereupon the injunction was dissolved on the defendant’s motion, and, on suggestion of damages, attorney’s fees were claimed: Heidi that solicitor’s fees were not recoverable in such a case, it appearing that the same legal services would have been necessary to defend the suit if no injunction had been granted.</p>