This opinion was handed down February 21, 1929. Six days prior to that time the same court handed down an opinion in the mandamus case where the judgment of the trial court awarding the writ was affirmed. ( 251 Ill. App. 599.) In the latter case it appeared that the amusement company was organized as a corporation in February, 1928; that Thomas W. Milner was the president and general manager of that company, and before the incorporation Milner was the owner of and operated a dance hall and cafe in Gilford township, Winnebago county; that May 11, 1927, Milner applied for a license to operate a dance hall at that place and that a license was granted to him by the county officials; that June 18, 1927, the building was destroyed by fire and immediately afterward Milner began to rebuild the dance hall and later completed it, after which he conducted the dance hall until February 21, 1928, when the corporation was formed; that the license issued to Milner would expire May 11, 1928, and in anticipation of such expiration the corporation applied for a renewal of the license.
Rockford Amusement and Refreshment Company, a corporation, obtained a judgment awarding a writ of mandamus, directing the Board of Supervisors of Winnebago County et al., to issue a license to that company to maintain and operate a dance hall and road house. The respondents in that case perfected an appeal which is now pending in this court [ 251 Ill. App. 599]. After said appeal was perfected, appellee filed a bill in chancery against the sheriff and board of supervisors, for an injunction restraining them from interfering with appellee and its business of conducting a dance hall and road house at the location involved in the mandamus proceeding, until the determination of the appeal in that case.