Opinion
Gen. Nos. 43,854, 43,875. (Abstract of Decision.)
Opinion filed November 20, 1946 Released for publication December 5, 1946
INJUNCTIONS, § 207 — improper denial of motion to dissolve temporary injunction where its main purpose could not be obtained and where plaintiff guilty of laches. Motions to dissolve temporary injunction, issued about six months after filing of complaint, restraining defendants from carrying out proposed plan of sale of trust property to corporation, making exchange of securities pursuant to plan, and from disturbing status quo as of date of filing complaint, were improperly denied for reason that main purpose of injunction could not be attained and that plaintiff was guilty of laches, where during that six-months' period sale of trust property was consummated and about one half of securities either had been exchanged or submitted for exchange, and where plaintiff failed to move with dispatch after receiving notice, by summary judgment affidavit, that sale had been consummated and that defendants proposed to carry out details.
See Callaghan's Illinois Digest, same topic and section number.
Interlocutory appeal from the Superior Court of Cook county; the Hon. JOHN P. McGOORTY, Judge, presiding.
Order reversed. Heard in the third division, first district, this court;
Levinson Becker Peebles, Mclnerney, Epstein Arvey and Morris Blank, for appellants;
Joseph B. Gilbert, for appellee.
Not to be published in full. Opinion filed November 20, 1946; released for publication December 5, 1946.