Kemp v. Donovan

McCLELLAN, j.

Appellees sued the appellants to recover damages claimed to be demandable under an injunction (preliminary) bond; the injunction being dissolved in consequence of demurrer taking the ultimately sustained objection that the bill was without equity.

The former appeal in this action is reported in 17 Ala. App. 190, 84 South. 412.

There is motion to dismiss the appeal. In view of the conclusion prevailing on the merits, there is no necessity to pass upon the motion to dismiss.

The only damages actually claimed are predicated of plaintiff’s liability for attorney’s fees incurred in…