Wallace v. York
Supreme Court of Iowa
Appeal from Marshall District Court. Action brought on an injunction bond to recover damages sustained by the plaintiff by reason of the unlawful issuing of the injunction. The averments in the petition were controverted by the answer. The bond was conditioned to pay all damages sustained by plaintiffs 'by reason of the wrongful issuance of the injunction.
Read the full summary
Appeal from Marshall District Court. Action brought on an injunction bond to recover damages sustained by the plaintiff by reason of the unlawful issuing of the injunction. The averments in the petition were controverted by the answer. The bond was conditioned to pay all damages sustained by plaintiffs 'by reason of the wrongful issuance of the injunction. Thb petition states “that the injunction was an independent and not an auxiliary proceeding; that a motion was made to dissolve the injunction and affidavits filed in support of both, sides of the motion, but said motion was not finally…
1Opinion of the Court
Seevers, Ch. J.
x IlfJUNC. upon1 damages. I. After the introduction in evidence of the bond, petition, injunction and record showing a dissolution of the injunction at the final hearing,, it was to prove what services were rendered by counsel for plaintiffs in regard to the dissolution of the injunction, and what efforts had been made to have the motion to dissolve the injunction heard by the court, and whether the court in substance declined to hear it. While the plaintiffs sought to prove, much more, yet we are of the opinion that in some of the questions asked the testimony sought to be…
2Cases cited3 opinions
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- Langworthy v. McKelveySupreme Court of Iowa · 1868
3Cited by5 opinions
- Olds v. CaryOregon Supreme Court · 1886
- Frahm v. WaltonCalifornia Supreme Court · 1900
- Williams v. BallingerSupreme Court of Iowa · 1904
- Fountain v. WestSupreme Court of Iowa · 1886
- Joplin Gas Co. v. City of JoplinMissouri Court of Appeals · 1914