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Harry Eager, Appellee, v. Glens Falls Indemnity Company, and Frolics, Inc., Appellants. Southeast National Bank of Chicago and Henry Sonnenschein, Certain Defendants.

INJUNCTIONS, § 208 — dissolution of improvidently-issued temporary injunction. Where complaint in judgment creditor's suit for injunction restraining assignee of certified check covering debtor's bank account from enforcing assignment did not allege, that creditor's rights would be prejudiced if an injunction was not issued immediately or without notice, and complaint merely alleged that pretended assignment was made with intent to defraud debtor's creditors, that debtor was insolvent, that check constituted debtor's only asset, and that creditor had no adequate remedy at law, a temporary injunction issued without notice should have been dissolved on defendants' motion, since injunction was improvidently issued (Ill. Rev. Stat. 1947, ch. 69, par. 3; ch. 110, par. 202; Jones Ill. Stats. Ann. 104.078, 109.351).

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE FRIEND.

Not to be published in full. Opinion filed November 16, 1948; released for publication December 2, 1948.

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EAGER v. GLENS FALLS INDEMNITY CO
(Nov 16, 1948)