Raupman v. City of Evansville

This was an action upon an injunction bond. The only question presented for our consideration is, whether the appellee was entitled to recover counsel fees as damages. The court below allowed them. The appellant does not dispute the proposition that counsel fees are recoverable, where, on motion, the temporary restraining order is dissolved. He claims, however, that where the record shows that there was no motion to dissolve, but. a trial on the merits, no matter what the result may be, no recovery can be had for.counsel fees, and cites Langworthy v. McKelvey, 25 Iowa, 48. In that case, the…