McGraw v. Little
Supreme Court of Alabama
Appeal from Anniston Circuit Court. Heard before Hon. Thomas W. Coleman, Jr. Action by V/. L. Little against C. 0. McGraw and others. From a judgment for plaintiff, defendants appeal. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The only damages counted on are for counsel fees incurred in defending the injunction suit.
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Appeal from Anniston Circuit Court. Heard before Hon. Thomas W. Coleman, Jr. Action by V/. L. Little against C. 0. McGraw and others. From a judgment for plaintiff, defendants appeal. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The only damages counted on are for counsel fees incurred in defending the injunction suit. The bond sued on was given in the chancery suit, in which the bill of complaint showed that complainant had acquired from respondent a perfect equity in certain growing timbers by paying the purchase price, and being put in possession thereof under parol…
1Opinion of the CourtSomerville, J.
With respect to the recovery of counsel fees as damages in actions on injunction bonds, our decisions have clearly settled the following propositions:(1) 1. If the injunctive relief obtained pending the determination of the suit is the sole or the principal purpose of the bill, the ultimate relief sought being solely or principally the perpetuation of the temporary injunction, then upon its dissolution, whether in advance of or upon the final hearing of the cause itself, counsel fees are recoverable as for the defense of the entire suit to the extent, of course, that they have been incurred…
2Cases cited7 opinions
- Bolling v. TateSupreme Court of Alabama · 1880
- Creek v. McManusMontana Supreme Court · 1893
- Jackson v. MillspaughSupreme Court of Alabama · 1893
- Reece v. NorthwaySupreme Court of Iowa · 1882
- Bush v. KirkbrideSupreme Court of Alabama · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Luker v. PerryCourt of Civil Appeals of Alabama · 1977
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