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31 Ill. 416

Brown v. Gorton

Illinois Supreme Court

Decided April 15, 1863

Illinois Supreme Court · decided 1863-04-15

WRIT of Error to the Circuit Court of the county of Lake; the Hon. George MaNierre, Judge, presiding. This was an action of debt instituted in the court below, by John M. Brown against James B. Gorton and JohnH.

Cited by 2 later decisions — most recently May 1892

1 state decisions

Relies on Hibbard v. McKindley

Good law ✅— No negative treatment on recordhow we know

Decided 1863-04-15

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Mr. Chief Justioe CatoN

¶1delivered the opinion of the Court.

¶2This was an action on an injunction bond, conditioned in the form specified in the statute. The defense presented is, that upon the dissolution of the injunction, the court awarded no damages or costs to be paid by the complainant to the defendant in that suit, for having wrongfully sued out the injunction. The case of Hibbard et al. v. McKindley et al., 28 Ill. 240, is precisely in point, and decides this question against the obligors, and we see no reason to change our opinion as there expressed.

¶3The judgment is reversed, and the cause remanded.

¶4Judgment reversed.

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