Harrington v. Minor
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. M. G. McGregor, Judge. No instruction having been asked or given, there is nothing for this court to review. Easley v. Elliott, 43 Mo. 289; Wilson v. Byles, 46 Mo. 36; Weilandy v. Lemuel, 47 Mo. 322. Attorney’s fees are properly allowable by way of damages upon the dissolution of an injunction. Hann. $ St. J. B. B. Co. v. Shipley, 1 Mo. App. 254; State Treasurer v. Bledsmire, 56 Mo. 226; Uhrig v. City of St. Louis, 47 Mo. 528.
1Opinion of the Court
Ewing, C.
This is an appeal from the action of the circuit court of Jasper county in assessing damages upon an injunction bond. A jury being waived, the cause wac tried by the court.
No objection was made, on the trial by appellant, to the introduction of the testimony or the mode of assessing the damages, nor were there any instructions of law asked or given by the court. There is nothing in this case for this court to review.
The only way in which errors can be corrected, if the law is wrongfully decided, or a misapplication of the law to the facts is made by the lower court, is to ask declara*271t…
2Cases cited2 opinions
- Weilandy v. LemuelSupreme Court of Missouri · 1871
- Easley v. ElliottSupreme Court of Missouri · 1869
3Cited by10 opinions
- Jordan v. DavisSupreme Court of Missouri · 1903
- Rice, Stix & Co. v. McClure & HarperMissouri Court of Appeals · 1898
- Tyler v. LarimoreMissouri Court of Appeals · 1885
- Bozarth v. Lincoln Legion of HonorMissouri Court of Appeals · 1902
- Meridian Lumber Co. v. Lowry Lumber Co.Missouri Court of Appeals · 1921
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