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84 Ill. 250

Camp v. Bryan

Illinois Supreme Court

Decided September 15, 1876

Illinois Supreme Court · decided 1876-09-15

<p>Appeal from the Circuit Court of Knox county; the Hon. Arthur A. Smith, Judge, presiding.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1876-09-15

How this case has been cited

Cited by 4 later decisions — most recently May 1918

4 state decisions

2018761880189019001910decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Mr. Justice Dickey

¶1delivered the opinion of the Court:

¶2The 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.

¶3Judgment reversed.

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