Wabash Railroad v. McCabe
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court.-Alois. Jacob Klein, Judge. (1) The defendants McCabe and McKeag were not entitled, under the evidence in this case, to the assessment of any damages upon the dissolution of the injunction, either as counsel fees or otherwise. Buford v. Keokuk Northern Line, 3 Mo.
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Appeal from the St. Louis City Circuit Court.-Alois. Jacob Klein, Judge. (1) The defendants McCabe and McKeag were not entitled, under the evidence in this case, to the assessment of any damages upon the dissolution of the injunction, either as counsel fees or otherwise. Buford v. Keokuk Northern Line, 3 Mo. App. 159; St. Louis v. Alexander, 23 Mo. 483 ; Bircher v. Parker, 40 Mo. 118 ; IJhrig v. St. Louis, 47 Mo. 528. (2) If any damages were recoverable by these defendants, upon the facts here proved, it could not exceed ten per cent, of the amount released by the dissolution of the…
1DissentRombauer, P. J.
(dissenting). — I take no issue with my associates on anything said in the opinion, but I cannot reconcile it with former decisions of the supreme court. I note my dissent solely for the purpose of eliciting from that court a final and intelligible construction of the statute in question; because I am of opinion that neither the former decisions of the supreme court, *355nor the opinion, in this case, furnishes a rule, which can serve as an intelligent guide to trial courts in cases of this class, which are necessarily of frequent occurrence.
The ultimate aim of the great bulk of all proceedings,…
2Cases cited1 opinion
- Hale v. MeeganSupreme Court of Missouri · 1866