Barrett v. Bowers
Supreme Judicial Court of Maine
On report. The case is stated in the opinion. Plaintiffs are entitled as damages to the expenses incurred by them for counsel fees; first, upon the motion to dissolve the temporary injunction; and second upon the hearing before the law court, or more properly, the continuation of the hearing, before the law court, on the motion to dissolve the temporary injunction.
Read the full summary
On report. The case is stated in the opinion. Plaintiffs are entitled as damages to the expenses incurred by them for counsel fees; first, upon the motion to dissolve the temporary injunction; and second upon the hearing before the law court, or more properly, the continuation of the hearing, before the law court, on the motion to dissolve the temporary injunction. The right of the plaintiffs to damages accrues only at the termination of the final hearing ; and as the issue upon the motion to dissolve the temporary injunction, and the only issue involved in the bill at the final hearing, are…
1Opinion of the CourtHaskell, J.
The municipal officers of Rockport had been enjoined, pending suit, upon bond filed, from constructing a sidewalk across the plaintiff's lawn, claimed to be within the limits of a street. The defendants moved that the injunction be dissolved, and the justice who heard the motion, declined to act upon the-motion until final hearing on the bill. On final hearing the bill was dismissed. The present action is upon the bond. Damages are claimed for the expenditure incurred on motion to dissolve and on final hearing, upon the ground that further hearing upon motion to dissolve was adjourned to the…
2Cited by2 opinions
- Sewell v. HuffstetlerSupreme Court of Florida · 1922
- Jones v. RountreeCourt of Appeals of Georgia · 1912