Webb v. Beal
New Mexico Supreme Court
Appeal from District Court, Chaves County; Richardson, Judge. Action by John R. Webb against John T. .Beal and others. From judgment for plaintiff, defendants appeal.
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Appeal from District Court, Chaves County; Richardson, Judge. Action by John R. Webb against John T. .Beal and others. From judgment for plaintiff, defendants appeal. (No’brief on file.) Attorney’s fees and expenses necessarily incurred in dissolving a wrongful restraining order are proper elements of damages in a suit on the injunction bond. 22 Cyc. 1053, 1056, 2 High Injunctions, (2nd Ed.) 1050, 1061; 1 Spell, on Injunctions, (2d Ed.) 796 Territory v. RindscofE, 5 N. M!. 93, 20 Pae-. 180; Mulvane v. Tullock, 50 Pac. (Kan.) 897.
1Opinion of the Court
OPINION OF THE COURT.
HANNA, J.
— Appellee instituted this suit in the district court of Chaves eountjq for damages in the sum of $500 on an injunction bond given by appellants to appellee in an earlier cause instituted in the same court. Appellee, in his complaint filed in the trial court, alleged that the appellants had wrongfully sued out an injunction to restrain him from continuing to tear down and injure a fence of the appellant Beal, and to restrain- him from permitting his cattle to enter and graze upon the premises of the said Beal. The injunction was issued in the first cause referred…
2Cases cited4 opinions
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Littleton v. BurgessWyoming Supreme Court · 1907
- Wittich v. O'NealSupreme Court of Florida · 1886
- Territory ex rel. Baca v. BacaNew Mexico Supreme Court · 1913
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- Gregg v. GardnerNew Mexico Supreme Court · 1963
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- Tatavich v. PettineNew Mexico Supreme Court · 1926
- Banes Agency v. ChinoNew Mexico Supreme Court · 1955
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