Illinois Supreme Court, 1876

Camp v. Bryan

Camp v. Bryan
Illinois Supreme Court · Decided September 15, 1876 · Dickey
84 Ill. 250
Camp v. Bryan

Cases that cite this one

3 later published cases cite this decision.

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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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.