Carnes v. Heimrod
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Davis, J. cited, as to the right to recover attorneys’ fees: Miles v. Edwards, 6 Mont., 180; 1 Sutherland, Damages, p. 141; High, Injunctions, secs. 973, 974; Ah Thaiev.QuanWan, 3 Cal., 216; State v. Wakeley, 28 Neb., 437. cited: High, Injunctions, secs. 1685, 1692; Hicks v. Michael, 15 Cal., 107; Winkler v. Roeder, 23 Neb., 709; Atkins v. Gladioish, 25 Neb., 390; Oelrichs v. Spain, 15 Wall. [U. S.], 211.
1Opinion of the Court
Ryan, C.
This action was brought in the district court of Douglas county for the recovery, as damages, of such attorneys’ fees as plaintiff alleged had been earned in procuring to be dissolved a temporary restraining order made in an action which had been pending in said district court wherein said E. C. Carnes was plaintiff and Louis Heimrod was defendant. The undertaking which formed the basis of the plaintiff’s alleged cause of action was not introduced in *365evidence, and there is to be found in the record no copy of the original restraining order by which such undertaking was required. In…
2Cases cited2 opinions
- Miles v. EdwardsMontana Supreme Court · 1886
- State ex rel. Beecher v. WakeleyNebraska Supreme Court · 1890