New National Turnpike Co. v. Dulaney
Court of Appeals of Kentucky
Case 68 — PETITION ORDINARY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. Counsel fees for services in procuring the dissolution of a temporary injunction should he allowed to he recovered as damages on the hond. (5 Ky. Law Rep., 691, May v. Deposit Bank; 6 Ky. Law Rep., 661, Reading v. Davis.) A hond for an injunction conditioned for the payment of the “damages” does not embrace attorney’s fees, and no recovery can he had therefor on the hond.
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Case 68 — PETITION ORDINARY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. Counsel fees for services in procuring the dissolution of a temporary injunction should he allowed to he recovered as damages on the hond. (5 Ky. Law Rep., 691, May v. Deposit Bank; 6 Ky. Law Rep., 661, Reading v. Davis.) A hond for an injunction conditioned for the payment of the “damages” does not embrace attorney’s fees, and no recovery can he had therefor on the hond. (14 B. M., 497, Burgen v. Sharer.)
1Opinion of the CourtChief Justice Pryor
deliveeed the opinion op the coubt.
Tlie National Turnpike Company and the Jefferson and Bullitt Turnpike Company instituted proceedings in the Jefferson County Court to condemn a right of way for a turnpike road through land owned by the appellees. .
A petition was filed by the appellees in the Louisville Law and Equity Court enjoining that proceeding, to which a demurrer was filed by the appellants, that was sustained, the injunction dissolved, and the petition dismissed. Tlie appellees, in order to obtain the injunction, executed the following bond: “We undertake that the plaintiffs, W. H.…
2Cited by10 opinions
- Littleton v. BurgessWyoming Supreme Court · 1907
- Bartram v. Ohio & Big Sandy R. R.Court of Appeals of Kentucky · 1910
- Lamb v. ShawSupreme Court of Minnesota · 1890
- Tyler & Apperson v. HamiltonCourt of Appeals of Kentucky · 1900
- State ex rel. Levy v. MedfordWest Virginia Supreme Court · 1891
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