Price Baking Powder Co. v. Calumet Baking Powder Co.
Missouri Court of Appeals
Appeal from tbe Macon Circuit Court. — Eon. Andrew Ellison, Judge. (1) The damages allowred on the dismissal of a temporary injunction are only such as are the actual and proximate cause of the wrongful issuing. Holloway v. Holloway, 1.03 Mo. 274. There can be no recovery for improvident or imprudent expenditures. 10 Am. and Eng. Ency. of Law, p. 996'and.cases cited.
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Appeal from tbe Macon Circuit Court. — Eon. Andrew Ellison, Judge. (1) The damages allowred on the dismissal of a temporary injunction are only such as are the actual and proximate cause of the wrongful issuing. Holloway v. Holloway, 1.03 Mo. 274. There can be no recovery for improvident or imprudent expenditures. 10 Am. and Eng. Ency. of Law, p. 996'and.cases cited. (2) In this case $253.03 of the recovery was expended by defendant in procuring the attendance of witnesses and ex parte affidavits to be used upon the hearing of the motion made in vacation to recall the temporary writ. These…
1Opinion of the CourtEllison, J.
This case comes here on an appeal from judgment of assessment of damages arising from a temporary order of injunction issued by the trial judge in vacation and which was dissolved.
It appears that the judge in vacation granted a temporary writ on the execution of a sufficient statutory bond with sureties, at the same time allowing 'the party defendant to appear before him in chambers in ten days and move to dissolve the temporary order. The parties duly appeared and the judge recalled the order on the ground (as found to be stated in the motion) “that the petition does not state facts…
2Cases cited7 opinions
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Lawrence v. TranerIllinois Supreme Court · 1891
- City of St. Louis v. St. Louis Gaslight Co.Supreme Court of Missouri · 1884
- Clark v. ClaytonCalifornia Supreme Court · 1882
- Fox v. YoungMissouri Court of Appeals · 1886
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3Cited by2 opinions
- J.J. Newberry Co. v. Baker, Renschen, Newton, Etc.Missouri Court of Appeals · 1947
- Pattee v. MahaffeyIdaho Supreme Court · 1929