Olds v. Cary
Oregon Supreme Court
Yamhill County. Defendants appeal. No attorney’s fees can be recovered in this action. (Oelrichs v. Spain, 15 Wall. 211, 231; Patton v. Garrett, 37 Ark. 605.) Where counsel fees are allowed, the recovery is limited to fees paid for procuring a dissolution of the injunction, as distinguished from fees paid for defending the entire case.
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Yamhill County. Defendants appeal. No attorney’s fees can be recovered in this action. (Oelrichs v. Spain, 15 Wall. 211, 231; Patton v. Garrett, 37 Ark. 605.) Where counsel fees are allowed, the recovery is limited to fees paid for procuring a dissolution of the injunction, as distinguished from fees paid for defending the entire case. (Bustamante v. Stewart, 55 Cal. 115; Hovey v. Rubber-tip Pencil Co., 50 N. Y. 335; Disbrow v. Garcia, 52 Id. 654; Wallace v. York, 45 Iowa, 81; Behrens v. McKenzie, 23 Id. 333; Langworthy v. MeKelvey, 25 Id. 48; Allport v. Kelley, 2 Mont. 343.) Counsel fees…
1Opinion of the CourtThayer, J.
The respondent commenced an action in the court below against the appellants, upon an undertaking executed by them in a suit which had theretofore been begun in the said Circuit Court by the appellant Cary against the respondent, to enjoin him from interfering with a certain inclosure in which a crop of wheat was growing; and wherein the said appellant, in order to obtain a provisional writ of injunction, executed the undertaking as principal, and the appellant Holladay executed it as surety. The undertaking was to the effect that the appellants would pay all costs and disbursements that…
2Cases cited5 opinions
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Bustamente v. StewartCalifornia Supreme Court · 1880
- Oliphint v. Mansfield & Co.Supreme Court of Arkansas · 1880
- Wallace v. YorkSupreme Court of Iowa · 1876
3Cited by30 opinions
- Oregon & Cal. R. R. v. Jackson CountyOregon Supreme Court · 1901
- Shaw Wholesale Co. v. HackbarthOregon Supreme Court · 1921
- Voyt v. Bekins Moving & Storage Co.Oregon Supreme Court · 1941
- Yuen Suey v. FleshmanOregon Supreme Court · 1913
- Mitchell v. Silver Lake LodgeOregon Supreme Court · 1896
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