Jesse French Piano & Organ Co. v. Porter
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before, tlie Hon. A. D. Sayre. This suit, was brought by tlie appellees, E. E. Forbes and T. F. Wing, against tibe appellants, and counted upon an injunction bond; and sought to recover damages resulting from tlie suing out of -a, writ of injunction. Tlie principal damages claimed were attorney’s fee’s incurred by tili-e plaintiffs.
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Appeal from the City Court of Montgomery. Tried before, tlie Hon. A. D. Sayre. This suit, was brought by tlie appellees, E. E. Forbes and T. F. Wing, against tibe appellants, and counted upon an injunction bond; and sought to recover damages resulting from tlie suing out of -a, writ of injunction. Tlie principal damages claimed were attorney’s fee’s incurred by tili-e plaintiffs. Tlie plaintiff proved tlie allegations of tlie complaint- as to- tlie institution of the suit in equity mentioned, tlie giving of tlie injunction bond, its dissoltion by tlie judge of tlie city court, and the appeal…
1Opinion of the CourtDowdell, J.
This is a suit on an injunction, bond after dissolution of the injunction, to i: eco ver damages resulting from the suing out of the writ. The damages recoverable for breach of an injunction bond must be such as are the natural and proximate result of the issuance of the writ. That attorney’s fees incurred in procuring the dissolution of the injunction are such damages, is not now to be questioned. The measure of such damage is the fair and reasonable value of the services rendered in procuring the dissolution of the injunction, arid this without reference to' the ratio the value of such…
2Cases cited3 opinions
- Bolling v. TateSupreme Court of Alabama · 1880
- Bingham v. VandegriftSupreme Court of Alabama · 1890
- Jackson v. MillspaughSupreme Court of Alabama · 1893
3Cited by16 opinions
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Alabama Steel & Wire Co. v. TallantSupreme Court of Alabama · 1910
- Union Springs Telephone Company v. GreenCourt of Civil Appeals of Alabama · 1971
- Town of Dadeville v. WynnAlabama Court of Appeals · 1915
- Kern v. GentnerOregon Supreme Court · 1945
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