Territory of New Mexico ex rel. Leyser v. Rindskopf Bros.
New Mexico Supreme Court
Appeal, from a judgment in favor of plaintiffs, from the Second Judicial District Court, Socorro County. The facts are stated in the opinion of the court. Counsel fees are not recoverable upon an attachment bond. It is well settled they are not recoverable upon an injunction bond. Oelrichs v. Spain, 15 Wall. 211. The same principle applies to the attachment bond. The amount of attorney’s fees paid was part of the actual damages recovered.
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Appeal, from a judgment in favor of plaintiffs, from the Second Judicial District Court, Socorro County. The facts are stated in the opinion of the court. Counsel fees are not recoverable upon an attachment bond. It is well settled they are not recoverable upon an injunction bond. Oelrichs v. Spain, 15 Wall. 211. The same principle applies to the attachment bond. The amount of attorney’s fees paid was part of the actual damages recovered. Rose v. Post, 56 N. Y. 603; Desbrow v. Garcia, 52 N. Y. 654; Holmes v. Weaver, 52 Ala. 516; Alexander v. Jacoby, 23 Ohio, 358; Noble v. Arnold, Id. 264;…
1Opinion of the CourtHenderson, J.
This is a suit on attachment bond. The plaintiff recovered judgment for $500 damages. The principal question discussed by counsel for appellants is the action of the court in permitting the plaintiff to prove, and the jury to assess, as a portion of the plaintiff’s damages, the sum paid attorneys for defending the attachment suit. In addition to this, in connection with the proofs so offered, they insist that the sum of $500 paid counsel is not reasonable in amount, and that, even if counsel fees may be included in making up an estimate of plaintiff’s damages, only a reasonable sum can be…
2Cases cited11 opinions
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Kansas City Hotel Co. v. SauerSupreme Court of Missouri · 1877
- Seay v. GreenwoodSupreme Court of Alabama · 1852
- Higgins v. MansfieldSupreme Court of Alabama · 1878
- Ah Thaie v. Quan WanCalifornia Supreme Court · 1853
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