Ford v. Loomis
Supreme Court of Iowa
Appeal from Delaware Circuit Court. The defendant, Loomis, obtained an injunction against tbe plaintiffs, J. W. Nord and Geo. Ford. Afterward tbe action was dismissed by bim. This action is brought upon the injunction bond to recover for damages alleged to have been sustained by reason of the injunction, and also for attorney’s fees alleged to have been paid. There was a trial to the court, and judgment was rendered for tbe plaintiffs. Tbe defendants appeal.
1Opinion of the CourtAdams, J.
Tbe controversy out of which tbe injunction suit grew arose in respect to a partition wall. Tbe plaintiffs are tbe owners of a certain lot in tbe city of Manchester, and tbe defendant, Loomis, is tbe owner of tbe lot adjacent there*587to on tbe south. Loomis improved his lot several years ago' by the erection of a building, the first story of which is owned and occupied by him, and the second story is owned and occupied by the city as a town hall. The wall in question was built by Loomis, one-half upon his own lot, and one-half upon the Ford lot, then owned by one Tate. Half of the cost of the…
2Cases cited4 opinions
- Behrens v. McKenzieSupreme Court of Iowa · 1867
- Edwards v. BodineNew York Court of Chancery · 1844
- Corcoran v. . JudsonNew York Court of Appeals · 1861
- Reece v. NorthwaySupreme Court of Iowa · 1882
3Cited by5 opinions
- Leonard v. Capital InsuranceSupreme Court of Iowa · 1897
- Chicago, Anamosa & Northern Railway Co. v. WhitneySupreme Court of Iowa · 1909
- Bullard v. HarknessSupreme Court of Iowa · 1891
- Burnett v. N. M. Stark & Co.Supreme Court of Iowa · 1912
- Johnson v. HowardMississippi Supreme Court · 1932