Camp v. Bryan

Illinois Supreme Court
Camp v. Bryan, 84 Ill. 250 (Ill. 1876)
Dickey

Camp v. Bryan

Opinion of the Court

Mr. Justice Dickey

delivered the opinion of the Court:

The damages allowed on the dissolution of the injunction enjoining the collection of a judgment, are limited by statute to ten per cent upon the amount. Rev. Stat. 1874, p. 579. The damages allowed in this case are $50. The amount of the judgment enjoined was less than $184. For this error the decree must he reversed. It is by no means clear upon this record, that the injunction should not have been made perpetual. The bill charges a fraudulent conspiracy to use, to the detriment of appellant, a paper-called an indemnity, whicli, it seems from the record, was never executed and delivered by appellant; of all which, the bill says, the alleged conspirators had notice. If this be true, appellant has a right, in equity, to have that document, and the judgment upon it, adjudged null and.void.

Judgment reversed.

Reference

Full Case Name
Levi R. Camp v. John Bryan
Cited By
4 cases
Status
Published
Syllabus
Injunction — damages on dissolution, enjoining collection of judgment. It is error to allow damages upon the dissolution of an injunction enjoining the collection of a judgment at law, in excess of ten per cent upon the amount of the judgment.