Legal Opinion

Langworthy v. McKelvey

Supreme Court of Iowa

Decided June 8, 1868PublishedCited by 15 opinions

Appeal from Dubuque District Gowrt. Action on injunction bond.' — -The defendants, MeKelvey, Neal and Hancock, commenced their suit in equity against the present plaintiffs, asking and obtaining an injunction.

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Appeal from Dubuque District Gowrt. Action on injunction bond.' — -The defendants, MeKelvey, Neal and Hancock, commenced their suit in equity against the present plaintiffs, asking and obtaining an injunction. In that proceeding they claimed that they were owners of railroad bonds to the amount of $60,000; that these plaintiffs owned like bonds amounting to $92,000; that said plaintiffs, acting as their agents, sold all of said bonds at one trade for $30,000 in New York acceptances, the said acceptances being secured by a deposit of other railroad bonds to the amount of $60,000. They also…

1Opinion of the CourtWright, J.

^oÑ^attoí? w/er/injunctionis auxil’ The injunction bond, after briefly reciting the prayer of the petition, was conditioned that the obligors should pay to defendants therein, aiTy damage they might sustain by reason jgg^g 0f saj¿[ writ, etC-

One of the plaintiffs, as a witness on the stand, was asked “ what attorney’s fees they paid for legal services *51in procuring a dissolution of the injunction.” This being objected to — -and it being conceded that the injunction was dissolved “upon hearing and adjudication of the case and not upon a motion to dissolve, nor otherwise than upon a defense to…

2Cases cited4 opinions

  1. The People v. . SturtevantNew York Court of Appeals · 1853
  2. Behrens v. McKenzieSupreme Court of Iowa · 1867
  3. Moat v. HolbeinNew York Court of Chancery · 1834
  4. Higbie v. EdgartonNew York Court of Chancery · 1831

3Cited by15 opinions

  1. Carr v. District CourtSupreme Court of Iowa · 1910
  2. Anderson v. AndersonMissouri Court of Appeals · 1893
  3. Young v. RothrockSupreme Court of Iowa · 1903
  4. Walker v. PritchardIllinois Supreme Court · 1890
  5. Gerard v. GateauAppellate Court of Illinois · 1884

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