Hutchins v. Munn
District of Columbia Court of Appeals
HEARING- on an appeal by tbe complainant and the sureties on an injunction undertaking given by him, from a decree of the Supreme Court of the District of Columbia, ratifying and confirming a report of the auditor, ascertaining and fixing the amount of damages sustained by the defendant for wrongfully suing out of the injunction.
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HEARING- on an appeal by tbe complainant and the sureties on an injunction undertaking given by him, from a decree of the Supreme Court of the District of Columbia, ratifying and confirming a report of the auditor, ascertaining and fixing the amount of damages sustained by the defendant for wrongfully suing out of the injunction. The Court in the opinion stated the facts as follows: Appeal from a decree of the supreme court of the District of Columbia, confirming an auditor’s report on the question of damages sustained by appellee by reason of the injunction wrongfully and inequitably…
1Opinion of the CourtJustice Robb
delivered tbe opinion of tbe Court:
1. It is urged that tbe court below erred “in finding and bold-ing that tbe defendant, Mrs. Munn, was enjoined, aad therefore entitled to any damages whatever on tbe injunction undertaking.” So far as tbe record discloses, this is tbe first time since tbe inception of this litigation, in August, 1902, that it has been contended that Mrs. Munn was not properly before* the court and subject to tbe restraining order so long as thal order was in force. Within three days after tbe order was issued, notice was given the solicitors for tbe complainant by Mr. Maddox…
2Cases cited25 opinions
- The ConquerorSupreme Court of the United States · 1897
- Tilghman v. ProctorSupreme Court of the United States · 1888
- Callaghan v. MyersSupreme Court of the United States · 1888
- In Re LennonSupreme Court of the United States · 1897
- Crawford v. NealSupreme Court of the United States · 1892
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3Cited by1 opinion
- Washington Loan & Trust Co. v. ColbyCourt of Appeals for the D.C. Circuit · 1939