Logsden v. Willis
Court of Appeals of Kentucky
Case 8 — PETITION ORDINARY APPEAL FROM GRAYSON CIRCUIT COURT. 1. When an injunction is dissolved, the party against whom it was obtained must, by motion, have his damages assessed. (Old Code, sec. 325; New Code, sec. 295; Crawford v. Woodworth, 9 Bush, 745.) 1. As the plaintiff dismissed his petition and injunction before answer, section 295 of the Code has no application to this case.
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Case 8 — PETITION ORDINARY APPEAL FROM GRAYSON CIRCUIT COURT. 1. When an injunction is dissolved, the party against whom it was obtained must, by motion, have his damages assessed. (Old Code, sec. 325; New Code, sec. 295; Crawford v. Woodworth, 9 Bush, 745.) 1. As the plaintiff dismissed his petition and injunction before answer, section 295 of the Code has no application to this case. The injunction was not dissolved, it was dismissed by the order dismissing the petition, and therefore no damages could be assessed as provided in said section 295.
1Opinion of the CourtChief Justice Pryor
By section 295, Civil Code, it will be found that it is only in cases where proceedings on a judgment have been stayed by an injunction that the chancellor immediately, on the dissolution, is empowered to ascertain the damages and to render a *184judgment for them. In all other cases the remedy is on the injunction-bond. Why the legislature restricted the power of the chancellor to cases only where judgments have been enjoined, is not necessary to determine. The language of the Code is plain and admits of no other construction.
Judgment affirmed.
2Cited by6 opinions
- Alexander v. GishCourt of Appeals of Kentucky · 1888
- Sartor v. StrassheimSupreme Court of Colorado · 1884
- Greer v. StewartSupreme Court of Arkansas · 1886
- Hayden's Adm'r v. Phillips' Adm'rCourt of Appeals of Kentucky · 1889
- Love v. HarrisonCourt of Appeals of Kentucky · 1880
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