Legal Opinion

Sensenig v. Parry

Supreme Court of Pennsylvania

Decided May 31, 1886PublishedCited by 16 opinions

Error to the Court of Common Pleas of Lancaster county : Of July Term, 1885, No. 45. Debt on an injunction bond by Levi Sensenig against Henry B. Parry, John L. Atice and Henry C. Denmth to recover damages alleged to have been sustained by the plaintiff by reason of a preliminary injunction issued upon a bill in equity wherein II. B. Party was plaintiff and Levi Sensenig was defendant. Plea, nil debet, payment with leave.

Read the full summary

Error to the Court of Common Pleas of Lancaster county : Of July Term, 1885, No. 45. Debt on an injunction bond by Levi Sensenig against Henry B. Parry, John L. Atice and Henry C. Denmth to recover damages alleged to have been sustained by the plaintiff by reason of a preliminary injunction issued upon a bill in equity wherein II. B. Party was plaintiff and Levi Sensenig was defendant. Plea, nil debet, payment with leave. The facts of the case appear from the charge of the Court, Livingston, P. J.: In 1880, about August, the plaintiff was about erecting a large building on his lot; some…

1Opinion of the Court

The opinion of the Court was filed

Pee Curiam.

There was no error in disallowing the evidence of counsel fee paid by the plaintiff. It is not such legal damage as is specified in the condition of the injunction bond, as to permit a recovery therefor: Good v. Mylin, 8 Pa. St., 51; Stopp v. Smith, 71 Id., 285. All other alleged damages “ sustained by reason of such injunction ” was a question of fact, and the evidence relating thereto was submitted to the jury in a clear and correct charge. There was no error in the admission of evidence tending to disprove damages.

Judgment affirmed.

2Cited by16 opinions

  1. Smyth v. Fidel. Dep. Co. of Md.Superior Court of Pennsylvania · 1936
  2. Lindeberg v. HowardCourt of Appeals for the Ninth Circuit · 1906
  3. State ex rel. Levy v. MedfordWest Virginia Supreme Court · 1891
  4. Lower Yoder Township School District v. Title Trust & Guarantee Co.Supreme Court of Pennsylvania · 1935
  5. Keown v. MallisseeSuperior Court of Pennsylvania · 1914

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API