INJUNCTIONS, § 196 — when temporary injunction improperly issued without notice and without bond. Temporary injunction restraining defendants from disposing of certain printing equipment and other property allegedly held in trust by defendants for plaintiffs, and from interfering with plaintiffs' use of same, was improperly issued without notice and without bond where complaint alleged merely that defendants "threatened to move, sell and convey the property" so as to put it "beyond the reach of plaintiffs," without any allegation as to when or to whom threats were made or whether plaintiffs feared that threats would be executed, such being insufficient under statutory requirement that complaint and accompanying affidavit show plaintiffs would be unduly prejudiced if injunction did not issue immediately and without notice; and allegation that plaintiffs were "well-known and financially responsible persons" did not constitute "good cause" for issuance of injunction without bond, in absence of allegations of facts in complaint or supporting affidavit showing financial condition of plaintiff to extent that fair inference could be drawn that defendant would be just as well protected as though bond were given (Ill. Rev. Stat. 1943, ch. 69, pars. 3, 9; Jones Ill. Stats. Ann. 109.351, 109.357).
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE KILEY.
Not to be published in full. Opinion filed June 29, 1945; rehearing denied September 6, 1945; released for publication September 18, 1945.