Uhrig v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. ■ The plaintiff obtained an injunction against the city in a controversy which came before this court at its October Term, 1869, and is reported in 44 Mo. 458. After the decision here reversing the decree and dismissing the bill, the city claiming an attorney’s fee for defending the injunction, filed a motion to assess the same against the appellants as damages upon the injunction bond. No other damages were claimed.
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Appeal from St. Louis Circuit Court. ■ The plaintiff obtained an injunction against the city in a controversy which came before this court at its October Term, 1869, and is reported in 44 Mo. 458. After the decision here reversing the decree and dismissing the bill, the city claiming an attorney’s fee for defending the injunction, filed a motion to assess the same against the appellants as damages upon the injunction bond. No other damages were claimed. The motion was submitted to the court below on an agreement of facts, from which it appears that defendant employed no special counsel in the…
1Opinion of the CourtBliss, Judge
Upon dissolution of an injunction the statute provides that “ the damages shall be assessed,” etc. These damages are what the defendant actually suffered. In this case no damages at all have been suffered in consequence of injunction, therefore no damages should have been assessed.
It has been customary to allow counsel fees as part of the damages, but in this case it is admitted that no counsel fees were paid, and I know of no rule for ascertaining what proportion of the city attorney’s salary should be charged.
The plaintiff felt aggrieved at an assessment upon his property, and enjoined it…
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