Legal Opinion

Binford v. Grimes

Indiana Court of Appeals

Decided April 4, 1901No. 3,447Published

From the Montgomery Circuit Court.

1Opinion of the CourtHenley, C. J.

This was an action upon an injunction bond executed by the appellants to the appellee in which bond appellant Binford was the principal and appellant Beesley was surety. There was a trial and judgment in favor of appellee for $30 and costs.

Appellant contends that attorneys’ fees are not allowable as damages in an action upon- an injunction bond. The Supreme Court of this State has held otherwise. See Raupman v. City of Evansville, 44 Ind. 392; Beeson v. Beeson, 59 Ind. 97; Swan v. Timmons, 81 Ind. 243. Also, see, Robertson v. Smith, 129 Ind. 422, 15 L. R. A. 273, and Hyatt v. City of…

2Cases cited5 opinions

  1. Robertson v. SmithIndiana Supreme Court · 1891
  2. Swan v. TimmonsIndiana Supreme Court · 1881
  3. Raupman v. City of EvansvilleIndiana Supreme Court · 1873
  4. Hyatt v. City of WashingtonIndiana Court of Appeals · 1898
  5. Beeson v. BeesonIndiana Supreme Court · 1877

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