Williams v. Ballinger
Supreme Court of Iowa
Appeal from Mahaslca District Court.— Hon. W. G. Clements, Judge. Action at law upon an injunction bond given in a suit wherein defendant L. P. Ballinger was plaintiff and these plaintiffs were defendants. The damages sought to be recovered are loss of time, expense in attending trial, loss of use of property, attorney’s fees, etc. Defendants.’ defense is practically a general denial.
Read the full summary
Appeal from Mahaslca District Court.— Hon. W. G. Clements, Judge. Action at law upon an injunction bond given in a suit wherein defendant L. P. Ballinger was plaintiff and these plaintiffs were defendants. The damages sought to be recovered are loss of time, expense in attending trial, loss of use of property, attorney’s fees, etc. Defendants.’ defense is practically a general denial. The case' was tried to the court without a jury, and upon an intimation from the trial judge that he should find fon plaintiffs, defendants filed a motion in arrest of judgment, which motion was submitted, and…
1Opinion of the Court
Deemer, C, J.
The points made on this appeal relate to the correctness of the court’s ruling on the motion in arrest and of the judgment for attorney’s fees and expenses in defending against the injunction suit Claim' is now made that the petition does not state a cause of action, and that under the allegations thereof plaintiffs were not entitled to any relief. The petition recites the bringing ’of the original action and the giving of an injunction bond conditioned to pay all damages which might be adjudged against L. P. Ballinger by reason of the wrongful issuance of the injunction. It…
2Cases cited12 opinions
- Sachra v. Town of ManillaSupreme Court of Iowa · 1903
- Apollinaris Co. v. VenableNew York Court of Appeals · 1892
- Flanagan v. Baltimore & Ohio RailroadSupreme Court of Iowa · 1891
- Lampman v. BruningSupreme Court of Iowa · 1903
- Shenandoah National Bank v. ReadSupreme Court of Iowa · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Lawson v. FordyceSupreme Court of Iowa · 1945
- Chicago, Anamosa & Northern Railway Co. v. WhitneySupreme Court of Iowa · 1909
- Weierhauser v. Cole & JohnsonSupreme Court of Iowa · 1906
- Chrisman v. SchmickleSupreme Court of Iowa · 1930
- Bunston v. LabbittMontana Supreme Court · 1929
3 more not listed; retrieve them via the Exa API.