Walker v. Pritchard

Citations

• 135 Ill. 103
• 11 L.R.A. 577

Syllabus

<p>1. Injunctions—damages on dissolution—in case of partial dissolution—the statute construed. Although an injunction be dissolved only in part, damages maybe allowed, under section 12 of the Injunction act, if the nature of the case and equity require it.</p> <p>2. Same—damages—on dissolution of injunction staying suit upon promissory notes. Upon the dissolution of an injunction staying the prosecution of an action at law upon a promissory note, the court of •chancery is not authorized, in assessing the damages, to include the •amount due on the note, although the maker has become insolvent since the grant of the injunction. It can not thus deprive the court of law ■of its authority to proceed with the action pending before it. The defendant has the right to make his defense in the suit at law, even though he be insolvent, and the court of equity can not deprive him of that right.</p> <p>3. Same-—attorney’s fees—as damages on dissolution. Where counsel fees are necessarily incurred in procuring the dissolution of an injunction, they may be allowed as damages; but when the injunction is merely ancillary to the principal relief sought by the bill, and its dissolution is only incidental to the defense made, and the counsel fees are incurred in defending the suit generally, they can not be assessed us damages.</p>