Miller v. Donovan
Idaho Supreme Court
APPEAL from the District, Court of the First Judicial District for the County of Kootenai. Hon. W. W. Woods, Judge. Action on an injunction bond for the recovery of attorney’s fees expended in securing the dissolution of the injunction. Judgment for the plaintiff and defendants appealed.
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APPEAL from the District, Court of the First Judicial District for the County of Kootenai. Hon. W. W. Woods, Judge. Action on an injunction bond for the recovery of attorney’s fees expended in securing the dissolution of the injunction. Judgment for the plaintiff and defendants appealed. In an action, for damages on an injunction bond, where plaintiff sought to recover, as one item of damages, fees paid to an attorney who resisted the injunction, and also tried the cause on its merits, the supreme court of Montana held that since the attorney was employed generally, fees could not be…
1Opinion of the CourtAilshie, C. J.
Some years ago the plaintiff in this action secured a judgment against the defendants in the district court of the first judicial district in and for the county of Kootenai; the defendants appealed, and the judgment was thereafter affirmed by this court. (Miller v. Donovan et al., 11 Idaho, 545, 83 Pac. 608.) The defendants, Donovan and others, thereupon commenced an action in the district court, against Miller and the sheriff of Kootenai county to restrain and enjoin the sheriff from selling certain property under execution to satisfy the judgment and to perpetually enjoin the defendant…
2Cases cited11 opinions
- Lambert v. HaskellCalifornia Supreme Court · 1889
- Andrews v. . the Glenville Woolen Co.New York Court of Appeals · 1872
- Donovan v. MillerIdaho Supreme Court · 1906
- Creek v. McManusMontana Supreme Court · 1893
- Bustamente v. StewartCalifornia Supreme Court · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. SnoderlyIdaho Supreme Court · 1940
- Devine v. CluffIdaho Court of Appeals · 1986
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1939
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1941
- Beech v. American Surety Co.Idaho Supreme Court · 1935
10 more not listed; retrieve them via the Exa API.