Wangelin v. Goe

Citations

• 50 Ill. 459

Syllabus

<p>1. Injunctions—of affidavits on a motion to dissolve. Where a motion is made to dissolve an injunction, on the face of the bill, no answer being filed, it is not the practice in our courts to receive affidavits in support of such a motion. The motion would operate in the same way as a demurrer to the bill, and being based on matters intrinsic, appearing upon the face of the bill, no affidavits showing extraneous matter could be used.</p> <p>2. But after answer filed, denying the allegations of the bill, upon motion to dissolve the injunction, it is allowed to either party to introduce testimony to support the bill and answer; in such case the motion is to be decided upon the weight of testimony, without taking the answer as absolutely true.</p> <p>3. Demurrer in chancert-^/o)1 want of jurisdiction. When it is disclosed upon the face of a bill in chancery, that the court has no jurisdiction, because the party has an adequate remedy at law, the bill is obnoxious to a demurrer for want of equity, and it will be so adjudged on error or appeal.</p> <p>4. Injunctions—when allowable. An injunction is understood to be a preventive remedy merely, and cannot be so framed as to command a party to undo what he has done. Nor is it allowable to grant an injunction for the purpose of restraining a party from doing an act which he is alleged to have already done.</p> <p>8. In a proper case, a court of chancery will restrain, by injunction, any person who, by brute force, with weapons, is molesting a party in the peaceable and lawful possession of his property, provided the rules of law, in their application to the case, shall afford him no adequate remedy.</p> <p>6. But where a party enters by force upon premises in the possession of another, during the temporary absence of the latter, and does no act while in possession except to maintain it, an injunction will not lie at the instance of him upon whose possession the intrusion is made. The injury being already done, the writ ca