Ah Thaie v. Quan Wan
California Supreme Court
Appeal from the Fourth Judicial District, San Francisco. The complaint stated that on the 28th May, 1853, one Chin Lan, and Ah Lee, filed a complaint against the plaintiff, and sued out a writ of injunction against the plaintiff, to which plaintiff yielded due obedience until dissolved; that to obtain the said injunction the defendants executed their bond, in the sum of $8100, to pay the plaintiff such damages as he should sustain by reason thereof, &c.; that the injunction…
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Appeal from the Fourth Judicial District, San Francisco. The complaint stated that on the 28th May, 1853, one Chin Lan, and Ah Lee, filed a complaint against the plaintiff, and sued out a writ of injunction against the plaintiff, to which plaintiff yielded due obedience until dissolved; that to obtain the said injunction the defendants executed their bond, in the sum of $8100, to pay the plaintiff such damages as he should sustain by reason thereof, &c.; that the injunction deprived plaintiff of the use of $10,000, until the same was dissolved, from which he suffered loss to the amount of…
1Opinion of the CourtWells, Justice
The appeal in this ease, is brought upon a judgment overruling the demurrer to the complaint.
The court below overruled the demurrer, and rendered judgment against defendants, upon the ground that counsel fees necessarily paid to procure a dissolution of the injunction, are recoverable in an action brought upon an injunction bond.
It is insisted, that this court has already decided that counsel fees cannot be recovered in an action like this; and the case of Heath v. Lent, 1 California Rep. 412, is cited as authority. In that case, the court, per Hastings, C. J., laid down the rule, that in an…
2Cited by15 opinions
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Elder v. KutnerCalifornia Supreme Court · 1893
- LeFave v. DimondCalifornia Supreme Court · 1956
- Crowley v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1902
- Wittich v. O'NealSupreme Court of Florida · 1886
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