From Casetext: Smarter Legal Research

Belpedio v. Civil Service Commission

Appellate Court of Illinois, First District. Fourth Division
Apr 2, 1969
246 N.E.2d 822 (Ill. App. Ct. 1969)

Opinion

Gen. No. 52,664.

April 2, 1969.

Appeal from the Circuit Court of Cook County; the Hon. DONALD J. O'BRIEN, Judge, presiding. Reversed.

John J. Stamos, State's Attorney of Cook County, of Chicago (Edward J. Hladis, Chief of Civil Division, and Ronald Butler and Dean H. Bilton, Assistant State's Attorneys, of counsel), for appellants.

David P. Schippers and Samuel J. Betar, of Chicago, for appellee.


On plaintiff's complaint, and after hearing, the trial court issued a preliminary injunction enjoining defendants, until further order of court, from conducting a Civil Service examination for positions in the office of the Assessor of Cook County. Defendants have appealed.

Examination of the record discloses that the injunction was entered without there having first been compliance with the mandatory statutory requirement that plaintiff file a bond to cover payment of such costs and damages as might be suffered by any defendants found to have been wrongfully enjoined. In this circumstance, the court was without authority to issue the injunction. Ill Rev Stats (1967), c 69, § 9. See also Hoffman v. City of Evanston, 101 Ill. App.2d 440, 444-446, 243 N.E.2d 478, and authorities there cited.

Accordingly, on the court's own motion, the injunction order appealed from is reversed.

Reversed.

DRUCKER, P.J. and McCORMICK, J., concur.


Summaries of

Belpedio v. Civil Service Commission

Appellate Court of Illinois, First District. Fourth Division
Apr 2, 1969
246 N.E.2d 822 (Ill. App. Ct. 1969)
Case details for

Belpedio v. Civil Service Commission

Case Details

Full title:Albert Belpedio, Citizen and Taxpayer of the State of Illinois and the…

Court:Appellate Court of Illinois, First District. Fourth Division

Date published: Apr 2, 1969

Citations

246 N.E.2d 822 (Ill. App. Ct. 1969)
108 Ill. App. 2d 131

Citing Cases

Levin v. Civil Service Com

The appellate court reversed without deciding the merits of the case because the injunction had been issued…