Wabash Railroad v. McCabe
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.-Alois. Jacob Klein, Judge. (1) The defendants McCabe and McKeag were not entitled, under the evidence in this case, to the assessment of any damages upon the dissolution of the injunction, either as counsel fees or otherwise. Buford v. Keokuk Northern Line, 3 Mo.
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Appeal from the St. Louis City Circuit Court.-Alois. Jacob Klein, Judge. (1) The defendants McCabe and McKeag were not entitled, under the evidence in this case, to the assessment of any damages upon the dissolution of the injunction, either as counsel fees or otherwise. Buford v. Keokuk Northern Line, 3 Mo. App. 159; St. Louis v. Alexander, 23 Mo. 483 ; Bircher v. Parker, 40 Mo. 118 ; IJhrig v. St. Louis, 47 Mo. 528. (2) If any damages were recoverable by these defendants, upon the facts here proved, it could not exceed ten per cent, of the amount released by the dissolution of the…
1Opinion of the CourtThompson, J.
This is an appeal from a judgment •assessing damages upon an injunction bond in the sum ■of $25. The object of the injunction was to restrain the enforcement of a supposed judgment of a justice of the peace against the plaintiff for the sum of $15.70, in a proceeding in which the plaintiff in this action had been -summoned as a garnishee. The action was originally brought before the justice against one of the employes ■of this plaintiff to recover the sum of $31.70, but such .an arrangement had been made that this plaintiff .paid out of the wages of the defendant in that action (its -employe)…
2Cases cited6 opinions
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Stout v. BenoistSupreme Court of Missouri · 1866
- Kennedy's Administratrix v. HammondSupreme Court of Missouri · 1852
- Roach v. BurnesSupreme Court of Missouri · 1863
- Milburn v. HardySupreme Court of Missouri · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wabash Railroad v. McCabeSupreme Court of Missouri · 1893