Mayor of East Lake v. De Vore
Supreme Court of Alabama
Action on Injunction Bond. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action on an injunction bond by the mayor and aldermen of the town of East Lake and others, against W. M. DeVore and others. Judgment for defendant and plaintiff appeals.
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Action on Injunction Bond. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action on an injunction bond by the mayor and aldermen of the town of East Lake and others, against W. M. DeVore and others. Judgment for defendant and plaintiff appeals. Under the facts made by the record plaintiff was entitled to damages for counsel fees incurred in defense of the injunction, and the court erred in denying damages. — Bus'll v. Kirkbride, 131 Ala. 105; Rosser v. Timber! alee, 78 Ala. 162. Proof is not sufficient to authorize recovery of attorney’s fees. — Rees v. Petzcr, 1 111.…
1Opinion of the CourtDowdell, C. J.
TMs is an action upon an injunction bond. The bond is set out in the complaint, and contains the conditions prescribed by the statute. The complaint avers in what the breach consisted, with claim for resulting specified damages. The cause was tried by the court below on the plea of the general issue, without the intervention of a jury, and judgment was rendered in favor of the defendants, from which the plaintiff appeals.
The undisputed evidence shows that the plaintiff here was made a defendant in the injunction suit; that he employed counsel and defended against said injunction, and thereby…
2Cited by5 opinions
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- City of Birmingham v. WilkinsonSupreme Court of Alabama · 1940
- Town of Dadeville v. WynnAlabama Court of Appeals · 1915
- Wood, Wire & Metal Lathers, International Local No. 216 v. Brown & Root, Inc.District Court, S.D. Alabama · 1957