Opinion
Gen. No. 43,561. (Abstract of Decision.)
Opinion filed November 6, 1945 Released for publication November 20, 1945
INJUNCTIONS, § 194 — when issuance of temporary injunction without notice is improper. Where plaintiff was granted temporary injunction restraining defendants from preventing plaintiff from using its property for shipment of rubbish, and it appeared that such injunction was issued without notice, although it appeared that defendants could have been conveniently served without prejudicing plaintiff, held that finding that good cause had been shown for issuance of said injunction was erroneous.
See Callaghan's Illinois Digest, same topic and section number.
Interlocutory appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding.
Order for temporary injunction reversed. Writ of injunction dissolved. Heard in the second division, first district.
Nicholson, Barrett, Nisen Keyes and Peter J. Struck, for appellants;
John R. Nicholson and Ernest V. Keyes, of counsel;
Herbert Ritz, for appellee.
Not to be published in full. Opinion filed November 6, 1945; released for publication November 20, 1945.