Prout v. Lomer

Citations

• 79 Ill. 331

Syllabus

<p>1. Appeal—when it lies from decree disposing of injunction. Where a bill is for an injunction only, an order disposing of the injunction disposes of the case, and from such order an appeal lies to the Supreme Court.</p> <p>2. Chancery—where one creditor has a lien on two funds and another creditor can reach only one of them. The principle of equity, that, when a party has a lien or interest in two funds, out of either of which his debt can be paid, and another party has a lien or interest on one only of the funds for his debt, the latter has the right, in equity, to compel the former to resort to the other fund in the first instance for satisfaction, is applicable to sureties only.* </p> <p>3. A bill was filed by one of the makers of a promissory note, to enjoin its collection, alleging that the note was given by the complainant for the accommodation of another, and was held by the party seeking to collect it, as collateral to the debt of the one for whose accommodation it was given, and that the party holding it had other and adequate security, and that the note was procured from complainant by fraudulent statements made by the party for whose accommodation it was given: Held, that there was no equity in the bill, and that the injunction granted upon it was properly dissolved.</p> <p>4. Practice—time to object—insufficiency of affidavit in support of answer on motion to dissolve injunction. Where an affidavit is filed in support of an answer to a bill for an injunction, as a ground for a motion to dissolve the injunction, objection to the affidavit that it was not sufficiently verified, and that it did not disclose the affiant’s connection with the party defendant, or how he knew the facts stated in the answer, should be made in the court below, and will not avail if made for the first time in the appellate court.</p>