Tyler & Apperson v. Hamilton
Court of Appeals of Kentucky
Case 14 — Action on Injunction Bond APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment for Defendants and Plaintiff’s Appeal. 1. After an offer of record to confess a judgment for a certain sum, a court should not hold that there is no liability. 2. If an injunction, in aid of, or ancillary to other relief sought in an -action, be dissolved, the costs, including an attorney’s fee, of defending against the injunction are .recoverable upon the injunction bond.
Read the full summary
Case 14 — Action on Injunction Bond APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment for Defendants and Plaintiff’s Appeal. 1. After an offer of record to confess a judgment for a certain sum, a court should not hold that there is no liability. 2. If an injunction, in aid of, or ancillary to other relief sought in an -action, be dissolved, the costs, including an attorney’s fee, of defending against the injunction are .recoverable upon the injunction bond. CITATIONS. 86 Ky., 516, 1 J. J. Marshall, 501, Lewis v. Hoover. POINT'S AND AUTHORITIES. 1. Injunction — Damages on Dissolution of. —…
1Opinion of the Court
Opinion op the court by
JUDGE PAYNTER
Affirming.
Tyler & Apperson are a firm of lawyers, and had' rendered professional services for George G. Hamilton and J. Carroll Hamilton, etc., and to them as executors of the will of H. Worthington. Disagreeing as to the value of the services, the parties agreed in writing to submit the matters at issue to John G. Winn, as sole arbitrator, for settlement and determination. Tyler & Apperson gave the Hamiltons notice that they would not submit the questions to the arbitrator under the agreement, and thereupon the appellees instituted an action in the…
2Cases cited1 opinion
- New National Turnpike Co. v. DulaneyCourt of Appeals of Kentucky · 1888
3Cited by9 opinions
- Littleton v. BurgessWyoming Supreme Court · 1907
- Citizens' Trust & Guaranty Co. v. Ohio Valley Tie Co.Court of Appeals of Kentucky · 1910
- Bartram v. Ohio & Big Sandy R. R.Court of Appeals of Kentucky · 1910
- Martin v. Provident Life & Accident InsuranceCourt of Appeals of Kentucky (pre-1976) · 1932
- Elkhorn Coal Co. v. JusticeCourt of Appeals of Kentucky (pre-1976) · 1926
4 more not listed; retrieve them via the Exa API.