Thurston v. Haskell
Supreme Judicial Court of Maine
On rei’OBT. Action on a bond, given by defendants, to procure an injunction in equity, the injunction having been denied after a general hearing on the bill. After this suit was begun, all other damages, except counsel fees, were adjusted, and the case was reported to the law court for the determination of two questions: First, whether the action was maintainable; and, second, if so, whether counsel fees were recoverable as part of the damages.
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On rei’OBT. Action on a bond, given by defendants, to procure an injunction in equity, the injunction having been denied after a general hearing on the bill. After this suit was begun, all other damages, except counsel fees, were adjusted, and the case was reported to the law court for the determination of two questions: First, whether the action was maintainable; and, second, if so, whether counsel fees were recoverable as part of the damages. Court authorized to proceed on liberal grounds. Costs allowed: Swett v. Patrick, 12 Maine, 9, (eviction); Jennings v. Norton, 35 Id. 309; Lindsey v.…
1Opinion of the CourtEmery, J.
The now defendant, Haskell, brought a bill in *305equity against tlie now plaintiffs, the Thurstons, praying to have them permanently enjoined from using certain waters. Pending this bill, the conqffainant therein procured a preliminary injunction of like nature, upon filing a bond to the then respondents as provided in R. S., c. 77, § 82. Tlie condition in the bond was expressed to be, that the complainant'Should pay all damages and costs caused by such preliminary injunction. The then respondents made no effort to procure a dissolution of the preliminary injunction, but contested the equity…
2Cases cited2 opinions
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Newton v. . RussellNew York Court of Appeals · 1882
3Cited by8 opinions
- Aiello v. Ed Saxe Real Estate, Inc.Supreme Court of Pennsylvania · 1985
- Curtiss v. BachmanCalifornia Supreme Court · 1895
- San Diego Water Co. v. Pac. Coast S.S. Co.California Supreme Court · 1894
- Chicago, Anamosa & Northern Railway Co. v. WhitneySupreme Court of Iowa · 1909
- Cohen v. BlankSupreme Court of Pennsylvania · 1986
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