Loehner v. Hill
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Gr. W. Lubke, Judge. Damages must he assessed upon the dissolution of the injunction, and not long after the dismissal of the bill. Rev. S.tat., sect. 2712; Dorriss n. Carter, 67 Mo. 544. The injunction was merely auxiliary to the main action, and no motion was made to dissolve it until the final disposition of the ■cause; therefore, not even a nominal attorney’s fee was allowable, and no other damages were attempted to be proved.
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Appeal from the St. Louis Circuit Court, Gr. W. Lubke, Judge. Damages must he assessed upon the dissolution of the injunction, and not long after the dismissal of the bill. Rev. S.tat., sect. 2712; Dorriss n. Carter, 67 Mo. 544. The injunction was merely auxiliary to the main action, and no motion was made to dissolve it until the final disposition of the ■cause; therefore, not even a nominal attorney’s fee was allowable, and no other damages were attempted to be proved. Btostamente n. Stewart, 55 Cal. 115 ; McDonald ■v. James, 38 Superior Ct. (N. Y. 6 Jones & Spencer) 76; Honey n. Rubber Tip…
1Opinion of the CourtRombauer, J.
Upon trial of a motion to assess damages on an injunction bond, against the principal and surety, the jury assessed the damages at $1,100. Of this amount, the defendants upon suggestion of the court, remitted $550, and judgment was entered in their favor for the residue. From this judgment both the principal and the surety now prosecute this appeal.
The respondents present the cause on a theory as if the surety alone had appealed, and contend that he can not be heard in this court on any question affecting solely the measure of damages adjudged. This argument is based on a misapprehension of…
2Cases cited1 opinion
- Walsh v. AllenSupreme Court of Missouri · 1872
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- Fears v. RileySupreme Court of Missouri · 1898
- Spaulding & Kimball Co. v. Aetna Chemical Co.Supreme Court of Vermont · 1924
- Neiser v. ThomasMissouri Court of Appeals · 1891
- Sutliff v. MontgomeryMissouri Court of Appeals · 1906
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