Opinion
Gen. No. 42,655. (Abstract of Decision.)
Opinion filed June 30, 1943
INJUNCTIONS, § 211 — temporary injunction, refusal to dissolve as error. Where an injunction and accounting were sought by a stepdaughter as administratrix of the estate of her deceased mother, against her step-father and others, with respect to alleged fraud in the handling of a business and of a succession of corporations in such manner as to deprive the mother of her interest therein, but an answer was filed, supported by affidavits, setting up that the cause of action, if any, was barred by limitations, and other defenses, to which plaintiff failed to file a reply until after appeal taken, it was error for the trial court to grant a temporary injunction as requested, and to appoint a receiver, particularly without bond, and to refuse to dissolve such orders, without considering the answer and affidavits and the issues.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from interlocutory order of Circuit Court of Cook county; the Hon. WALTER J. LA BUY, Judge, presiding.
Orders reversed. Heard in the third division, first district, this court at the April term, 1943.
Jacob G. Grossberg and Hirsch E. Soble, for appellants;
Lederer, Livingston, Kahn Adsit, for appellee.
"Not to be published in full." Opinion filed June 30, 1943.