Hamilton v. Hecht

JAMES D. CLEMENS, Special Judge.

Defendants moved for assessment of damages springing from the issuance of a temporary injunction. The trial court found defendants had suffered damages of $788.45, but rendered judgment for only $350, the amount of plaintiffs’ injunction bond, and defendants appeal. The issue thus presented: When a defendant is damaged by the improvident issuance of a temporary injunction, is bis recovery limited to the amount of the injunction bond?

After issuance of the temporary injunction upon the plaintiffs posting a $350 bond, trial was had on the merits and the injunction…