Burnett v. N. M. Stark & Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. H. McHenry, Judge. Action on an injunction bond to recover damages for loss of time and attorney fees expended in defending an injunction suit and obtaining >a dissolution of a temporary injunction. At the close of plaintiff’s evidence there was a directed verdict for the defendant. Plaintiff appeals.
1Opinion of the CourtEvans, J.
There was a previous suit between the parties, wherein the plaintiff herein was defendant and the present defendant, Stark & Co., was plaintiff. The present action is upon the injunction bond filed in that suit. No claim is made here for any other damages on the injunction bond than for attorney fees and loss of time in the defense of such former suit. In such former suit a temporary injunction was issued and was dissolved one month later upon the final hearing of the case upon its merits. On the date of the trial a formal motion to dissolve the temporary writ of injunction was filed. It may…
2Cases cited8 opinions
- Langworthy v. McKelveySupreme Court of Iowa · 1868
- Leonard v. Capital InsuranceSupreme Court of Iowa · 1897
- Chicago, Anamosa & Northern Railway Co. v. WhitneySupreme Court of Iowa · 1909
- Colby v. MeserveySupreme Court of Iowa · 1892
- Weierhauser v. Cole & JohnsonSupreme Court of Iowa · 1906
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3Cited by5 opinions
- Chrisman v. SchmickleSupreme Court of Iowa · 1930
- Local Union No. 368 of Brotherhood of Painters, Decorators, & Paperhangers v. Barker Painting Co.Court of Appeals for the D.C. Circuit · 1928
- Milwaukee Western Bank v. Cedars of Cedar Rapids, Inc.Supreme Court of Iowa · 1969
- The University of Iowa, Board of Regents, State of Iowa v. Modern Piping, Inc.Supreme Court of Iowa · 2024
- The University of Iowa, Board of Regents, State of Iowa v. Modern Piping, Inc.Supreme Court of Iowa · 2024