Wash v. Lackland
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. Attorneys’ fees must be paid before they can be classed as damages sustained.— Carder v. Martin, 17 Mo. 43; TJhrig v. St. Louis, 47 Mo. 529. Damages on an injunction bond should be computed according to the degree of injury actually sustained. — High on Inj., sect. 971; Kennedy v. TIammond, 16 Mo. 341, 353 ; St. Louis v. Alexander, 23 Mo. 483. No damages have been adjudged, and therefore plaintiff cannot recover any. —Kennedy v.…
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Appeal from the St. Louis Circuit Court. Attorneys’ fees must be paid before they can be classed as damages sustained.— Carder v. Martin, 17 Mo. 43; TJhrig v. St. Louis, 47 Mo. 529. Damages on an injunction bond should be computed according to the degree of injury actually sustained. — High on Inj., sect. 971; Kennedy v. TIammond, 16 Mo. 341, 353 ; St. Louis v. Alexander, 23 Mo. 483. No damages have been adjudged, and therefore plaintiff cannot recover any. —Kennedy v. Hammond, 16 Mo. 353 ; Carder v. Martin, 17 Mo. 43. The condition of the bond in terms covers “ all damages that'may be…
1Opinion of the CourtLewis, P. J.
Defendant is sued as surety on an injunction bond in which Thomas Hunton was principal, given in the United States Circuit Court. The penal sum is $2,000, and the condition of the bond is as follows: “The condition of the above obligation is such that, whereas Thomas Hunton, on the third day of February, a. d. 1877, obtained a restraining order or injunction against said John Wickham, Andrew McKinley, and Mrs. Eliza L. Wash ; now, if the said Thomas Hunton shall pay all damages that may be occasioned by said restraining order or injunction, and abide the decision that shall be made therein,…
2Cases cited4 opinions
- Leisse v. St. Louis & Iron Mountain RailroadMissouri Court of Appeals · 1876
- State ex rel. Clifford v. BeldsmeierSupreme Court of Missouri · 1874
- Uhrig v. City of St. LouisSupreme Court of Missouri · 1871
- Hannibal & St. Joseph Railroad v. ShepleyMissouri Court of Appeals · 1876
3Cited by4 opinions
- Tullock v. MulvaneSupreme Court of the United States · 1902
- Rubelman Hardware Co. v. GreveMissouri Court of Appeals · 1885
- Elliott v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1899
- State ex rel. Rogers v. Gage Bros. & Co.Missouri Court of Appeals · 1893