Steel v. Gordon

The opinion of the court was delivered by

Scott, J.

This is an action on an injunction bond which was afterwards set aside, and this suit was brought to recover damages for loss of profits and expenses occasioned thereby while the bond was in force. A verdict was rendered in favor of the plaintiff for $400, and a special finding was made by the jury that $220 of that amount was for attorney’s fees. The plaintiff moved for a new trial and the defendants moved that said sum of $220 be disallowed on the ground that plaintiff had theretofore collected with the costs of the action the statutory…