Morency v. Plourde

The motions to dismiss were properly denied. The equity proceedings did not seek the recovery of damages and none were awarded. The fine imposed for contempt was in no sense an award of damages to the plaintiffs. Where damages in injunction proceedings are neither sought nor granted, the injunctive relief is not a bar to the law actions for damages on account of the thing enjoined. Woodbury v. Porter, 158 F. (2d) 194; Perdue v. Ward, 88 W. Va. 371. The use of equity to preserve the status quo is not necessarily a bar to a pending law action for damages formerly suffered. The equity…