President of Tamaroa v. Trustees of the Southern Illinois Normal University

Citations

• 54 Ill. 334

Syllabus

<p>1. Dissolution on injunction—assessment of damages. On the dissolution of an injunction sued out to restrain the trustees of the Southern Illinois Normal University from locating and erecting said university at the city of Oarbondale, it was held,, that, on an assessment of damages’ sustained by reason of the injunction, the expenses of the trustees and their loss of time while in attendance at court on the hearing of the motion to dissolve, could not be considered as an element of damages, their attendance for such purpose not appearing to be necessary.</p> <p>2. Trustees of Southern Illinois Normal University—of thevr proper compensation. And even if their attendance was necessary, being employed in the discharge of their duty as trustees, and, as appears, charging the State for their time and expenses, neither the trustees nor the State could sustain damages for their time so expended, as it was employed for the public.</p> <p>3. Demurrer in chancery—want of equity in the MU. The question whether a bill in chancery shows equity ón its face should be raised by a demurrer to the bill, and not by motion; and on objection by the complainant, a motion entered for such purpose should be stricken from the files.</p> <p>4. But where no objection is interposed, such motion will be treated asa demurrer.</p>