Ruff v. Ericsson, 183 Ill. App. 304 (1913)

Nov. 21, 1913 · Illinois Appellate Court · Gen. No. 19,798
183 Ill. App. 304

Elizabeth Ruff, Appellee, v. Henry Ericsson, Commissioner et al., Appellants.

Gen. No. 19,798.

(Not to be reported in full.)

Appeal from the Superior Court of Cook county; the Hon. Charles A. McDonald, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1913.

Reversed.

Opinion filed November 21, 1913.

Statement of the Case.

Bill filed by Elizabeth Buff against Henry Ericsson, commissioner of buildings of the city of Chicago, and others praying that defendants be enjoined from interfering with complainant in proceeding with the removal of a building. From an order that writ issue, upon the filing of a bond in the sum of one thousand dollars, defendants appeal.

William H. Sexton, for appellants; Loring R. Hoover, of counsel.

Bernard J. Larkin and James M. Slattery, for appellee ; Henry D. Bottum, of counsel.

*305Abstract of the Decision.

1. Injunction, § 219*—when order granting injunction is conditional. An order granting an interlocutory injunction “upon the filing of a bond therein in the sum of $1,000,” is merely a conditional order whereof the condition remains unexecuted until the bond is filed.

2. Injunction, § 385*—when order will he reversed because informally entered. An order granting an interlocutory injunction “upon the filing of a bond therein in the sum of $1,000” which does not require the injunction to become operative within the time limited for taking an appeal therefrom is informally entered, and on appeal from such order when no bond has been filed and no writ of injunction has issued, the appeal may not properly be dismissed, but the order will be reversed because informally entered.

Mr. Justice Baume

delivered the opinion of the court.