Sensenig v. Parry
Supreme Court of Pennsylvania
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.
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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
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- Lower Yoder Township School District v. Title Trust & Guarantee Co.Supreme Court of Pennsylvania · 1935
- Keown v. MallisseeSuperior Court of Pennsylvania · 1914
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