139 N.E.2d 417 (Ill.App. 3 Dist. 1957), 10119, Hoagland v. Bibb

Docket NºGen. No. 10119.
Citation139 N.E.2d 417, 12 Ill.App.2d 298
Party NameMerle HOAGLAND, Loren R. Hoagland and Rene Hoagland, doing business as Hoagland Transfer Company, Plaintiffs-Appellees, v. Joseph D. BIBB, as Director of the Department of Public Safety of the State of Illinois, and William H. Morris, as Superintendent of the Division of State Highway Police, Department of Public Safety of the State of Illinois, De
Case DateJanuary 08, 1957
CourtCourt of Appeals of Illinois

Page 417

139 N.E.2d 417 (Ill.App. 3 Dist. 1957)

12 Ill.App.2d 298

Merle HOAGLAND, Loren R. Hoagland and Rene Hoagland, doing

business as Hoagland Transfer Company, Plaintiffs-Appellees,

v.

Joseph D. BIBB, as Director of the Department of Public

Safety of the State of Illinois, and William H. Morris, as

Superintendent of the Division of State Highway Police,

Department of Public Safety of the State of Illinois,

Defendants-Appellants.

Gen. No. 10119.

Court of Appeals of Illinois, Third District.

January 8, 1957.

Page 418

Latham Castle, Atty. Gen., Richard W. Husted, Asst. Atty. Gen., of counsel, for appellants.

DeBoice, Greening & Ackerman, Springfield, for appellees.

ROETH, Justice.

This is an appeal from an interlocutory order denying a motion to dissolve a temporary injunction. On October 29, 1956 plaintiffs filed a complaint against the Director of Public Safety and the Superintendent of [12 Ill.App.2d 299] the Division of State Highway Police of the Department of Public Safety praying for a declaratory judgment declaring Section 121.02 of the Uniform Act Regulating Traffic on Highways, being Section 218b of Chapter 95 1/2, Illinois Revised Statutes 1955 unconstitutional and for temporary and permanent injunction enjoining enforcement of the act. The act in question is commonly referred to as the Splash Guard Act. The amendatory act was passed at the 1955 session of the Legislature and was approved July 15, 1955. It became applicable to certain trucks on September 1, 1955 and applicable to all trucks on January 1, 1957. On October 30, 1956 plaintiffs gave notice to defendants that on November 1, 1956 they would appear in the Circuit Court of Sangamon County and move for a temporary injunction in accordance with the prayer of the verified complaint. On November 1, 1956 the Circuit Court with the Honorable Clem Smith presiding granted the motion and ordered a temporary injunction, restraining the defendants from enforcing the act in question during the pendency of the suit and until further order of the court. The order recites that the parties appeared by their respective attorneys and that the court was fully advised in the premises. While the record does not show any of the proceedings that occurred on this hearing, it was conceded by the Attorney General on oral argument before this court, that a full hearing was had and that the same propositions urged by the Attorney General on the subsequent motion to dissolve, were urged and considered by the Circuit Court at this hearing. No appeal was prosecuted from this order although the same was authorized by Section 78 of the Civil Practice Act, Ill.Rev.Stat.1955, c. 110, § 78.

On November 13, 1956 defendants filed a motion to...

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