Barre Water Co. v. Carnes
Supreme Court of Vermont
Assessment of damages upon injunction bond. Heard upon the report of a master at the March term, 1893, Washington county. Start, chancellor, decreed for the defendants. Both parties appeal. The defendants claimed to recover in respect to nine items. No question was made in supreme court as to the disposition of the first eight.
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Assessment of damages upon injunction bond. Heard upon the report of a master at the March term, 1893, Washington county. Start, chancellor, decreed for the defendants. Both parties appeal. The defendants claimed to recover in respect to nine items. No question was made in supreme court as to the disposition of the first eight. The ninth was for counsel fees and as to it the master reported as follows : “The orator claimed in regard to this item that the counsel fees and expenses charged under this head were not proper damages arising under the injunction bond, excepting such part of them as…
1Opinion of the Court
ROWELL J.
The court below allowed to the defendants as injunction damages a sum paid to counsel for services on a motion to dissolve a temporary injunction granted in the case. The injunction was not dissolved, but was modified by agreement of the parties. The orator claimed a right to *26have all the water of a certain brook flow into a certain other brook and thence into its aqueduct, and sought to have its claim established and the defendants perpetually enjoined from taking water from the first-mentioned brook for the purposes proposed by them, namely, for supplying the village of East Barre…
2Cases cited2 opinions
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- Lillie v. LillieSupreme Court of Vermont · 1883
3Cited by4 opinions
- C. H. Albers Commission Co. v. SpencerSupreme Court of Missouri · 1911
- Houghton v. GrimesSupreme Court of Vermont · 1930
- Kern v. GentnerOregon Supreme Court · 1945
- Weed v. HuntSupreme Court of Vermont · 1916