Smyth-Wales v. John M. Smyth Co. , 190 Ill. App. 66 ( 1914 )

Mr. Justice McSurely

delivered the opinion of the court.

4. Injunction, § 88^*—what will justify injunction to prevent illegal purchase of stock hy corporation. In an action to enjoin a corporation from illegally purchasing stock of another corporation, evidence that such other corporation increased its stock so that it could use a portion to pay a debt to the defendant corporation would not warrant an injunction, and since the other corporation was not a party to the suit the legality of its increase of stock could not be inquired into. 5. Injunction, § 267*—when injunction will he dissolved. A groundless injunction should not he continued.

Baker, J., dissenting.