Hill v. Hill
Supreme Court of Vermont
ActioN on an injunction bond. Heard on a referee’s report, August Term, 1885, Grand Isle County, EoYCir, Ch. J., presiding. Judgment for the defendant.
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ActioN on an injunction bond. Heard on a referee’s report, August Term, 1885, Grand Isle County, EoYCir, Ch. J., presiding. Judgment for the defendant. The. referee allowed the plaintiff $250, the rental value of the premises; $10 for cedar taken from the premises by the defendant during the pendency of the injunction ; $25 for loss of pasturage, and delay in his spring’s work in -1879; and found that the promises wore worth $4,120, and that the decree amounted to $2,125. By virtue of the first decree the defendant’s equity of redemption expired November 29, 1876-; and if he failed to pay the…
1Opinion of the Court
•The opinion of the court was delivered by
Ross, J.
The plaintiff seeks to recover upon the injunction bond, as damages occasioned by the injunction, the rental value of the premises during the pendency of the injunction. He had procured a decree of foreclosure against the defendant, Ira Hill, of the, premises, the rental value of which is sought to be recovered, which would become absolute November 29, 1876. On the 14th of November, 1876, the defendant, Ira Hill, brought a bill of review in the foreclosure suit, and procured an injunction therein, against the plaintiff, forbidding him from…
2Cases cited2 opinions
- Seaver v. DurantSupreme Court of Vermont · 1866
- Chapman v. SmithSupreme Court of Vermont · 1837
3Cited by5 opinions
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- In Re John R. Canney, Iii, Chapter 7 Trustee for the Estate of Maxwell Frazer, Trustee, John R. Canney, Iii, Chapter 7 Trustee for the Estate of Maxwell Frazer, United States Trustee, Trustee, Town of Weathersfield, Movant v. Merchants BankCourt of Appeals for the Second Circuit · 2002
- Kelly v. Clement National BankSupreme Court of Vermont · 1940
- United Savings Bank v. BarberSupreme Court of Vermont · 1977
- Burlington Building & Loan Ass'n v. CummingsSupreme Court of Vermont · 1941