Bennett v. Lambert
Court of Appeals of Kentucky
Case 102 — PETITION ORDINARY APPEAL PROM SPEXCER CIRCUIT COURT. 1. Counsel fees may be recovered in a suit on an injunction bond executed in an action in which a perpetual injunction was the final relief asked, or in a suit upon the bond to procure a temporary injunction where the fees have been incurred in the attempt to get rid of the temporary injunction. (Turnpike Co. v. Dulaney, 8 Ky. L. R., 520; Reading v. Davis, 6 Ky. Li.
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Case 102 — PETITION ORDINARY APPEAL PROM SPEXCER CIRCUIT COURT. 1. Counsel fees may be recovered in a suit on an injunction bond executed in an action in which a perpetual injunction was the final relief asked, or in a suit upon the bond to procure a temporary injunction where the fees have been incurred in the attempt to get rid of the temporary injunction. (Turnpike Co. v. Dulaney, 8 Ky. L. R., 520; Reading v. Davis, 6 Ky. Li. R., 661.) 2. Where the injunction is merely auxiliary to the main object sought to be attained by the action, and no effort is made to get rid of the injunction…
1Opinion of the Court
JUDGE GUFFY
delivered tiie opinion op the court.
The appellees, Lambert and others, instituted suit in the Spencer Circuit Court against the appellant and others, .the object of which was to perpetually enjoin the defendants in that suit from opening a certain road and removing fencing of the plaintiffs named in this suit. A temporary injunction was obtained, and pending the suit the plaintiffs therein moved to have Bennett punished for violation of the injunction. The motion was postponed several times, it being called in different counties. Upon final hearing, the court adjudged that Bennett…
2Cases cited1 opinion
- New National Turnpike Co. v. DulaneyCourt of Appeals of Kentucky · 1888
3Cited by4 opinions
- Bartram v. Ohio & Big Sandy R. R.Court of Appeals of Kentucky · 1910
- Holt's Adm'r v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1933
- Holliday v. SpharCourt of Appeals of Kentucky (pre-1976) · 1938
- Strong v. DuffCourt of Appeals of Kentucky (pre-1976) · 1932