Wabash Railroad v. McCabe
Supreme Court of Missouri
Certified from St. Louis Court of Appeals. (1) The defendants McCabe and McKeag were not entitled, under the evidence in this case, to the assesment of any damages upon the dissolution of the injunction, either as counsel fees or otherwise. Buford v. Keokuk Northern Line, 3 Mo.
Read the full summary
Certified from St. Louis Court of Appeals. (1) The defendants McCabe and McKeag were not entitled, under the evidence in this case, to the assesment of any damages upon the dissolution of the injunction, either as counsel fees or otherwise. Buford v. Keokuk Northern Line, 3 Mo. App. 159; St. Louis v. Alexander, 23 Mo. 483; Bircher v. Parker, 40 Mo. 118; Uhrig v. St. Louis, 47 Mo. 528. (2)' If any damages were recoverable by these defendants, upon the facts x here proved, it could not exceed ten per cent, of the amount released by the dissolution of the injunction. Roach v. Burnes, 33 Mo. 319;…
1Opinion of the CourtBurgess, J.
Plaintiff sued out an injunction .against the defendant McCabe and his codefendant McKeag, who was his attorney, and procured a restraining order from Hon. Jacob Klein, judge of the circuit court within and for the city of St. Louis, enjoining the collection of a judgment amounting to $15.70 which. McCabe had recovered before a justice of the peace against the plaintiff. On a hearing of the cause the injunction was dissolved, and on motion of defendants ■damages to the amount of $25.00 for attorney’s fee was assessed in their favor against plaintiff and its securities -on the injunction bond,…
2Cases cited4 opinions
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Kennedy's Administratrix v. HammondSupreme Court of Missouri · 1852
- Hale v. MeeganSupreme Court of Missouri · 1866
- Wabash Railroad v. McCabeMissouri Court of Appeals · 1892
3Cited by1 opinion
- Terminal Railroad Assn. of St. Louis v. SchmidtSupreme Court of Missouri · 1944