Legal Opinion

Thomas v. McDaneld

Supreme Court of Iowa

Decided May 10, 1889PublishedCited by 11 opinions

Appeal from Cedar Rapids Superior Court. — Hon. John T. Stoneman, Judge. Action upon an injunction bond. There was a trial to a jury, and on motion of defendant the court directed a verdict for the defendant, to which plaintiff excepted. Plaintiff appeals.

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Appeal from Cedar Rapids Superior Court. — Hon. John T. Stoneman, Judge. Action upon an injunction bond. There was a trial to a jury, and on motion of defendant the court directed a verdict for the defendant, to which plaintiff excepted. Plaintiff appeals. The court makes the following finding of facts : That September 17, 1888, Hannah O. McDaneld brought her action in equity against George W. Burnside, sheriff of Linn county, and John Thomas, in which she stated that she was the unqualified owner of certain real estate described, including lot 3, in block 4, Marion, Iowa; that Burnside, as…

1Opinion of the CourtGiven, C. J.

I. It will be observed that the only damage claimed is for expenses incurred for attorney’s fees, and that the only service rendered by the attorney was in answering the petition in equity, and in defending the case on the final hearing. It is well established by repeated decisions of this court that expenses necessarily incurred for attorney’s fees in defending against an injunction may be recovered in an action on the injunction bond. Such damage, however, does not include expenses in defending against other features of the case in which the injunction was issued. In Langworthy v. McKelvey,…

2Cases cited1 opinion

  1. Carroll County v. Iowa Railroad LandSupreme Court of Iowa · 1880

3Cited by11 opinions

  1. Miller v. DonovanIdaho Supreme Court · 1907
  2. Leonard v. Capital InsuranceSupreme Court of Iowa · 1897
  3. Chicago, Anamosa & Northern Railway Co. v. WhitneySupreme Court of Iowa · 1909
  4. Colby v. MeserveySupreme Court of Iowa · 1892
  5. Nielsen v. City of Albert LeaSupreme Court of Minnesota · 1902

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