United States Fidelity & Guaranty Co. v. International Brotherhood of Teamsters, Local No. 612

On Rehearing.

Counsel for appellant, in his brief in support of the application for rehearing urges that, “As the law on this point is presently interpreted, no person could use this proc^. ess without fear of being penalized because the change of circumstances subsequent to the date of the issuance of the bond.”

Damages recoverable under an injunc-. tion bond are compensatory, not penal, and as aptly put in Pierce v. Campbell, .217 Mo,. App. 179, 274 S.W. 875, 876, — “The principles upon which counsel fees are allowed upon dissolution of an injunction is based upon the fact that the defendant…