Behrens v. McKenzie
Supreme Court of Iowa
Appeal from Dubuque Dist/rict Court. Measure oe damages : attorney’s eees : insanity as a deeense : action on injunction bonds. — McKenzie commeuced a suit against Behrens in equity, and obtained an order for a temporary injunction on the filing of a bond. A bond was made by the defendant’ as principal, and others as sureties, in the usual form.
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Appeal from Dubuque Dist/rict Court. Measure oe damages : attorney’s eees : insanity as a deeense : action on injunction bonds. — McKenzie commeuced a suit against Behrens in equity, and obtained an order for a temporary injunction on the filing of a bond. A bond was made by the defendant’ as principal, and others as sureties, in the usual form. It was conditioned that “if the said McKenzie shall pay all costs and damages accruing, to^the said Behrens, by reason of the wrongful issuing of said writ of injunction, then this obligation shall be void, otherwise in full force. This action is…
1Opinion of the CourtDillon, J.
„ T protect prop.y erty: damages. I. On the trial, plaintiff produced a witness who testified that he (plaintiff) had on the yard, about thirty-five thousand brick, moulded, sun-dry-ing an^ rea(ty to he put into the kiln at the t;me injunction was served, and that these brick were all destroyed by a rain that occured a few days after the service of the writ. He also testified that if plaintiff had been allowed by the writ, he could have saved a good deal of the damages; “ that plaintiff could have saved all the brick that were destroyed if he had had a right to take care of them while the…
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