Russell v. Rogers

Citations

• 56 Ill. 176

Syllabus

<p>1. Injunction — dissolution of— assessment of damages. Where an injunction bond was executed since the adoption of the act of 1861, authorizing the circuit courts to assess damages on the dissolution of any injunction, in a suit to restrain the defendants from opening a road over the complainant’s land, conditioned that the complainant should prosecute his suit with effect, or should pay all such damages as might be awarded against him for a failure, it was held, that, inasmuch as the defendants had failed to claim and have their damages assessed when the injunction was dissolved and the suit dismissed, they had no right, under the bond and that statute, to have damages assessed in a suit on the bond.</p> <p>2. Fobmeb decisions. The cases of Phelps v. Foster, 18 Ill. 809, and Sibbwrd v. McKindley, 28 id. 240, holding, except in the case of an injunction to restrain the collection of a debt, that it was error to assess damages on the dissolution of an injunction, thus rendering it necessary to prove the damages sustained, on the trial of the suit on the bond, were before the passage of the act of 1861, and hence have no controlling effect upon this case.</p>