Weaver v. Poyer

Citations

• 70 Ill. 567

Syllabus

<p>1. Appeal—when it lies to this court. Where the court, on motion of the defendant, dissolved the injunction previously granted on a hill to enjoin the collection of a judgment, there being no answer filed, and the complainant then moved to dismiss his hill, if the court should hold there was no equity in it, which the court did, and the complainant appealed: Held, that the complainant was not precluded from appealing by his motion, but that he pursued the proper practice.</p> <p>2. Chancery—whether the MU seeks other relief than an injunction. A hill in chancery prayed for an injunction to restrain the collection of a judgment at law, and the service of an execution which had been issued thereon. The hill also prayed that the judgment he decreed to he void, and of no effect. It was held this was no more than what would have been the virtual effect of the perpetual injunction which was sought, and the hill was regarded as really but a hill for an injunction, so that a decree dissolving the injunction was considered a final one.</p> <p>3. Same—motion to dissobe injunction—its effect. A motion to dissolve an injunction on the face of the bill, no answer being filed, operates the same as a demurrer to the bill, and if sustained, and the complainant is willing to rest his case upon demurrer, he should move the court to dismiss his bill.</p> <p>4. Same — relief against judgment. A bill in chancery, to enjoin the collection of a judgment at law, alleged that the summons in the suit, though returned as served upon the complainant, never was, in fact, served, that he never appeared in person or by attorney, and had no notice or knowledge whatever of the existence of the suit until the execution issued thereon was presented; that the recovery was had upon goods consigned to complainant, as a commission merchant, for sale on commission, and that they were destroyed in the great Chicago Are, without any fault on the part of complainant; that at the time of the Are, the plain