{
  "id": 2893212,
  "name": "The Billboard Publishing Company, Appellant, v. F. C. McCarahan, Appellee",
  "name_abbreviation": "Billboard Publishing Co. v. McCarahan",
  "decision_date": "1915-04-26",
  "docket_number": "Gen. No. 20,421",
  "first_page": "384",
  "last_page": "386",
  "citations": [
    {
      "type": "official",
      "cite": "192 Ill. App. 384"
    }
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "180 Ill. App. 525",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
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      ],
      "weight": 2,
      "pin_cites": [
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          "page": "542, 544"
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      "case_paths": [
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      ]
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    {
      "cite": "151 Ill. App. 227",
      "category": "reporters:state",
      "reporter": "Ill. App.",
      "case_ids": [
        2631495
      ],
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      "case_paths": [
        "/ill-app/151/0227-01"
      ]
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  "last_updated": "2023-07-14T19:32:59.384140+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The Billboard Publishing Company, Appellant, v. F. C. McCarahan, Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Brown\ndelivered the opinion of the court.",
        "type": "majority",
        "author": "Mr. Presiding Justice Brown"
      }
    ],
    "attorneys": [
      "Simmons & Irving, for appellant.",
      "J. S. McClure, for appellee."
    ],
    "corrections": "",
    "head_matter": "The Billboard Publishing Company, Appellant, v. F. C. McCarahan, Appellee.\nGen. No. 20,421.\n(Not to be reported in full.)\nAppeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. Heard in this court at the October term, 1914.\nAffirmed.\nOpinion filed April 26, 1915.\nStatement of the Case.\nAction 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 \u201cfor such, other and further proceedings as to law and justice shall appertain,\u201d 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\u2019s prosecuting the suit at law, in which judgment had been entered December 21,1910, and prosecuting certain suits on bonds relating 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.\nAbstract of the Decision.\n1. Injunction, \u00a7 212 \u2014\u25a0what 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.\n2. Appeal and brkor, \u00a7 1797*\u2014what 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 dismissal, 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.\nSimmons & Irving, for appellant.\nJ. S. McClure, for appellee.\nSee Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0384-01",
  "first_page_order": 408,
  "last_page_order": 410
}