Carroll County v. Iowa Railroad Land
Supreme Court of Iowa
Appeal from Li/rtm Circuit Court. This action is brought to recover damages for the alleged wrongful suing out of an injunction in an action brought by the C. B. ds M. B. B. Co. and the I. B. L. Co. v. Cmroll County, reported in 41st Iowa, page 153. The plaintiff sues upon the injunction bond, and claims as damages the fees paid attorneys in defending the injunction proceeding. The cause was tried by the court, and judgment was rendered for the defendant.
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Appeal from Li/rtm Circuit Court. This action is brought to recover damages for the alleged wrongful suing out of an injunction in an action brought by the C. B. ds M. B. B. Co. and the I. B. L. Co. v. Cmroll County, reported in 41st Iowa, page 153. The plaintiff sues upon the injunction bond, and claims as damages the fees paid attorneys in defending the injunction proceeding. The cause was tried by the court, and judgment was rendered for the defendant. The plaintiff appeals.
1Opinion of the CourtDay, J.
i. injtjnceryouboMiY attorney's fees. The petition in the injunction proceeding alleges that the taxes in question are utterly void, and prays that all officers of the county be restrained by injunction from selling the lands of petitioner, that upon „ . ° , . . . , •, final hearing the injunction be made jierpetual, *686and the taxes be declared illegal and void, and to constitute no lien upon said lands. The answer asked that the injunction be dissolved, but no efforts to that end were made, and the injunction was not dissolved until the final hearing. It is claimed by the appellant that the…
2Cases cited1 opinion
- Langworthy v. McKelveySupreme Court of Iowa · 1868
3Cited by7 opinions
- Leonard v. Capital InsuranceSupreme Court of Iowa · 1897
- Thomas v. McDaneldSupreme Court of Iowa · 1889
- Chicago, Anamosa & Northern Railway Co. v. WhitneySupreme Court of Iowa · 1909
- Weierhauser v. Cole & JohnsonSupreme Court of Iowa · 1906
- Bullard v. HarknessSupreme Court of Iowa · 1891
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