Sykas v. Alvarez

The chancellor’s refusal to allow damages, consisting entirely of attorneys’ fees, upon dissolution of a temporary injunction granted ex parte, is the only matter at issue. In denying the motion for damages, the chancellor stated that he was, “unable to find that plaintiff was not equitably entitled to a temporary injunction at the time the injunction was granted.” Rule 41 of the Court of Chancery (12 V.S.A. App. III, R. 41), refers to the situation, “when the injunction will necessarily produce great and irreparable injury to the defendant if the claim of the plaintiff is not sustained,” and…