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33 Ill. App. 186

Reich v. Berdel

Appellate Court of Illinois

Decided May 29, 1889

Appellate Court of Illinois · decided 1889-05-29

<p>Injunctions—Dissolution of—Damages—Attorney's Fees—Separation of Services—Rehearing. .</p> <p>1. Damages may be assessed upon a litigant’s liability for attorney’s fees on the dissolution of an injunction obtained against such person, and non-payment thereof on his part is no bar to a recovery.</p> <p>2. In such case the damages allowed should only cover services rendered touching such dissolution.</p>

Decided 1889-05-29

Gary, J.

¶1This is an appeal from a decree awarding damages to the appellee upon the dissolution of an injunction which the appellant had obtained against her.

¶2The award is principally for attorney’s fees, which three attorneys testified were usual and reasonable fees. That she had not paid them was no obstacle to her recovery, as she was liable to pay her attorney a usual and reasonable fee, and for that liability damages may be assessed. Richardson v. Chasen, 59 E. C. L. 756, 10 Ad. & El. (N. S.) 756.

¶3Decree affirmed.

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