Muller v. Fern
Supreme Court of Iowa
Ayypeal from, Dubuque Circuit Cov/rt. Action at law to recover damage sustained by plaintiffs by reason of an injunction issued at the suit of a part of the defendants restraining plaintiffs from working certain lead mines. The action is brought upon the bond executed in the injunction suit. The petition shows that the injunction was dissolved and the action dismissed.
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Ayypeal from, Dubuque Circuit Cov/rt. Action at law to recover damage sustained by plaintiffs by reason of an injunction issued at the suit of a part of the defendants restraining plaintiffs from working certain lead mines. The action is brought upon the bond executed in the injunction suit. The petition shows that the injunction was dissolved and the action dismissed. There was a general verdict for plaintiffs for $796, and a special verdict in answer to certain interrogatories propounded to the jury. Judgment was rendered upon the verdicts for plaintiffs. Defendants appealed.
1Opinion of the Court
Deck, Ch. J.
The plaintiffs were restrained by the injunction from prosecuting work in a lead mine, and, as they claim, were kept out of employment a long time. The loss of their time while thus unemployed is made the foundation of a claim for damages. Recovery is also claimed upon other grounds. There is evidence to show that, for a certain number of days while the injunction was in force, plaintiffs were employed at other work, but for the greater part of the time were idle. The value of the labor per day was shown. The court instructed the *421jury that the plaintiffs were entitled to recover…
2Cited by5 opinions
- Haverly v. ElliottNebraska Supreme Court · 1894
- Nansemond Timber Co. v. RountreeSupreme Court of North Carolina · 1898
- Economy Gas Co. v. BradleyMissouri Court of Appeals · 1971
- Worthington v. Oak & Highland Park Improvement Co.Supreme Court of Iowa · 1896
- Josephson v. Fremont Industries, Inc.Supreme Court of Minnesota · 1968