Joplin Gas Co. v. City of Joplin
Missouri Court of Appeals
Appeal from Jasper County Circuit Court, Division No. One. — Hon. J. D. Perkins, Judge. (1) Where services of counsel are not exclusively required to obtain dissolution of injunction but are necessarily rendered upon another branch of the case and the injunction is permitted to stand until final disposition of the case, such expenses are not recoverable, as damages, on the injunction bond.
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Appeal from Jasper County Circuit Court, Division No. One. — Hon. J. D. Perkins, Judge. (1) Where services of counsel are not exclusively required to obtain dissolution of injunction but are necessarily rendered upon another branch of the case and the injunction is permitted to stand until final disposition of the case, such expenses are not recoverable, as damages, on the injunction bond. Wilson v. Haecher, 85 111. 349; Blair v. Reading, 99 HI. 600; Moriarty v. Galt, 125 111. 417,17 N. E. 714; 16 L. R. A. (N. S.) 64 note; 33 L. R. A. (N. S.) 844, Supplemental Note; Alaska Improvement Co. v.…
1Opinion of the Court
STURG IS, J.-
This is a proceeding under section 2524, Revised Statutes 1909, to assess damages on an injunction bond wherein defendant prevailed and plaintiff has- appealed. The original action, wherein a temporary restraining order was granted, was brought under section 95691, Revised Statutes 1909, authorizing persons and corporations, feeling themselves aggrieved, to bring an action to test the validity of ordinances enacted by cities fixing the rates to be charged by public service corporations, or other owners, operating public utilities under franchises or otherwise, including1 those…
Also in this document: Concurrence.
2Cases cited13 opinions
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- Holloway v. HollowaySupreme Court of Missouri · 1890
- Brownlee v. FenwickSupreme Court of Missouri · 1890
- Anderson v. AndersonMissouri Court of Appeals · 1893
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3Cited by5 opinions
- Weinhagen v. HayesWisconsin Supreme Court · 1922
- Perseverance Common School District No. 90 v. HoneyMissouri Court of Appeals · 1963
- Brown v. CurtinSupreme Court of Missouri · 1932
- Meierhoffer v. HanselSupreme Court of Missouri · 1922
- Local Union No. 368 of Brotherhood of Painters, Decorators, & Paperhangers v. Barker Painting Co.Court of Appeals for the D.C. Circuit · 1928