San Diego Water Co. v. Pac. Coast S.S. Co.
California Supreme Court
Appeal from a judgment of the Superior Court of San Diego County, and from an order denying a new trial. The facts are stated in the opinion. Attorneys’ fees incurred in defending a suit in which a temporary injunction has issued, and in which the issuance of a perpetual injunction is the only relief sought, are recoverable in a suit upon the undertaking on injunction.
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Appeal from a judgment of the Superior Court of San Diego County, and from an order denying a new trial. The facts are stated in the opinion. Attorneys’ fees incurred in defending a suit in which a temporary injunction has issued, and in which the issuance of a perpetual injunction is the only relief sought, are recoverable in a suit upon the undertaking on injunction. (Raupman v. The City, of Evansville, 44 Ind. 392; Beeson v. Beeson, 59 Ind. 97; Swan v. Timmons, 81 Ind. 243; Reece v. Northwau, 58 Iowa, 187; Ford v. Loomis, 62 Iowa, 586; Thomas v. McDaneld, 77 Iowa, 299; Lansley v. Nietert,…
1Opinion of the Court
Temple, C.—
This is an action upon an undertaking alleged to have been given in consideration of an injunction in an action by the steamship company against the plaintiff, and upon which the individual defendants were sureties.
It is denied that any injunction was ever issued in the suit alluded to, and the finding of the court sustains the denial.
It appears, however, in the statement that an action was brought to obtain an injunction, and that before the complaint was filed the plaintiff obtained an order to show cause why an injunction pendente lite should not be issued. This order contained…
2Cases cited5 opinions
- Lambert v. HaskellCalifornia Supreme Court · 1889
- Hicks v. MichaelCalifornia Supreme Court · 1860
- Mitchell v. HawleyCalifornia Supreme Court · 1889
- Buford v. Keokuk Northern Line Packet Co.Missouri Court of Appeals · 1876
- Thurston v. HaskellSupreme Judicial Court of Maine · 1889
3Cited by26 opinions
- Curtiss v. BachmanCalifornia Supreme Court · 1895
- Chico Feminist Women's Health Center v. ScullyCalifornia Court of Appeal · 1989
- Mason v. United States Fidelity & Guaranty Co.California Court of Appeal · 1943
- Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1901
- Neumann v. MorettiCalifornia Supreme Court · 1905
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