#### The Billboard Publishing Company, Appellant, v. F. C. McCarahan, Appellee.

Gen. No. 20,421.

(Not to be reported in full.)

Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in this court at the October term, 1914.

Affirmed.

Opinion filed April 26, 1915.

Statement of the Case.

Action by The Billboard Publishing Company against F. C. McCarahan. in equity. For former opinions see 151 Ill. App. 227; 180 Ill. App. 525, 542, 544. The appeal in 180 Ill. App. 525, was heard in this court at the March Term, 1913. On June 20, 1913, the mandate of the Appellate Court reversing the order of March 10, 1910, which dismissed the bill and remanded the cause to the Circuit Court “for such, other and further proceedings as to law and justice shall appertain,” was filed in the Circuit Court. July 25, 1913, the Circuit Court gave the complainant the right to file a supplemental bill, and ordered an injunction pendente lite against McCarahan’s prosecuting the suit at law, in which judgment had been entered December 21,1910, and prosecuting certain suits on bonds *385relating to the judgment obtained in the case, and taking any further proceedings to collect said judgment. The supplemental bill prayed that all suits and proceedings by McGarahan to collect the judgment obtained by him in an action at law December 21, 1910, be restrained and that The Billboard Publishing Company be allowed damages against McGarahan for the violation of the injunction heretofore entered in this case, and prayed for an accounting pending before one of the masters in chancery. McGarahan filed an answer, and afterward withdrew it and filed a plea, setting forth that the action at law involved all the matters set forth in the equity action and the judgment therein was a complete determination of the same. Demurrer to the plea was overruled. Leave was given to file a replication. From a decree entered in favor of the defendant, plaintiff appeals.

Abstract of the Decision.

1. Injunction, § 212 * —■what is effect of erroneous dismissal. Where an action has been brought at law, and before trial thereof an action is brought by the defendant therein in a court of equity and therein the prosecution of the suit at law is enjoined, and the suit in equity is erroneously dismissed, the injunction is thereby dissolved and the court of law and its officers can thereafter proceed to judgment unless restrained by a subsequent action in equity.

2. Appeal and brkor, § 1797*—what is effect of reversal on intermediate proceedings in a related action. A judgment at law involving the decision of the same case, facts and issues of an action in equity to enjoin the prosecution of the action at law, erroneously dismissed by the trial court, the judgment being rendered after such *386dismissal, is not affected by a decision of the Appellate Court thereafter that such dismissal is erroneous though not void, even though the plaintiff in said equity suit relied on the theory that the order of dismissal was void and failed to make any defense to the action at law.

*385Simmons & Irving, for appellant.

J. S. McClure, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Brown

delivered the opinion of the court.