Kemp v. Donovan
Alabama Court of Appeals
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Annie J. Donovan and another against W. H. Kemp and others on an injunction bond. Judgment for plaintiffs, and defendants appeal.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by Annie J. Donovan and another against W. H. Kemp and others on an injunction bond. Judgment for plaintiffs, and defendants appeal. Attorney’s fees in an action on an injunction bond are not recoverable, where the general Code form is used and must be claimed as special damages. 69 Ala. 135 ; Id. 373; 74 Ala. 259; 102 Ala. 400, 14 South. 742; 150 Ala. 404, 43 South. 574. Such damages must fall within the condition of the bond, and must have been caused by the injunction. 65 Ala. 417; 124 Ala. 614, 27 South. 454; 63 Neb.…
1Opinion of the CourtBrown, P. J.
The bill in equity, as originally filed by Kemp, was against one Davis, and sought to establish and enforce a lien on certain personal property alleged to have been sold by Kemp to Davis on the ground that Davis, in violation of the contract of sale, had removed the property from the premises leased by Kemp to Davis contemporaneously with the sale, the purpose of establishing the lien being to enforce the payment of the purchase price of the property, default having been made in the payment thereof. Subsequent to the filing of the original hill, it was amended by making appellees Donovan and…
2Cases cited6 opinions
- Bolling v. TateSupreme Court of Alabama · 1880
- Jesse French Piano & Organ Co. v. PorterSupreme Court of Alabama · 1901
- Jackson v. MillspaughSupreme Court of Alabama · 1893
- Curry v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1899
- Schening v. CoferSupreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ex Parte FordSupreme Court of Alabama · 1925
- Kemp v. DonovanSupreme Court of Alabama · 1922