Opinion
Gen. No. 41,262. (Abstract of Decision.)
Opinion filed June 26, 1940
INJUNCTIONS, § 216 — temporary, dissolution. Motion by defendant to dissolve temporary injunction issued without notice was improperly denied, where plaintiff was conservator of defendant, an insane person, defendant had been declared sane and although plaintiff alleged that appeal from such order was pending, this was not true as the appeal had been dismissed 5 days before filing of complaint, plaintiff sought injunction against proceeding in probate court wherein plaintiff had been ordered to turn over to defendant all her property, and although plaintiff was an officer of the probate court he was attempting to avoid complying with its orders by instant action.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from interlocutory order of Circuit Court of Cook county; Hon. ROBERT JEROME DUNNE, presiding.
Reversed and remanded with directions. Heard in second division, first district, this court.
Maurice Lavine and David J.A. Hayes, for appellant;
Daniel A. Wolf, for appellee.
"Not to be published in full." Opinion filed June 26, 1940.