Curphy v. Terrell
Mississippi Supreme Court
From the chancery court of Warren county. Hon. J. S. Hicks, Chancellor Ourphy and others, appellants, were complainants in the court below; Terrell and others, appellees, were defendants there. From a decree sustaining defendants’ motion for an allowance on account of solicitors’ fees for services on an appeal (a former one) to the supreme court, against them and the sureties on their injunction bond, complainants appealed to the supreme court.
Read the full summary
From the chancery court of Warren county. Hon. J. S. Hicks, Chancellor Ourphy and others, appellants, were complainants in the court below; Terrell and others, appellees, were defendants there. From a decree sustaining defendants’ motion for an allowance on account of solicitors’ fees for services on an appeal (a former one) to the supreme court, against them and the sureties on their injunction bond, complainants appealed to the supreme court. The case was once before in the supreme court on appeal by appellants from an interlocutory decree'of the court below dissolving an injunction and…
1Opinion of the Court
Whitfield, C. J.,
delivered tbe opinion of the court.
This case is controlled by the principle announced in Jamison v. Dulaney, 74 Miss., 890 (s.c., 21 South. Rep., 972). The principle is this: When an injunction is sued out merely in aid of or as auxiliary to the principle equitable relief sought to be established by the bill, and the injunction is dissolved, counsel fees caused by the wrongful issuance of the injunction are properly recoverable both for services in securing the dissolution in the lower court and for services in preventing that decree from being reversed in the supreme court,…
2Cases cited4 opinions
- Bolling v. TateSupreme Court of Alabama · 1880
- Jackson v. MillspaughSupreme Court of Alabama · 1893
- Jamison v. DulaneyMississippi Supreme Court · 1897
- Cooper v. HamesSupreme Court of Alabama · 1890
3Cited by10 opinions
- Rice Researchers, Inc. v. HiterMississippi Supreme Court · 1987
- Kelso v. McGowanMississippi Supreme Court · 1992
- Mims v. SwindleMississippi Supreme Court · 1920
- Lundy v. Greenville Bank & Trust Co.Mississippi Supreme Court · 1937
- Jones v. DayMississippi Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.