(DOWNLOAD) "Webster v. State" by Mississippi Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Webster v. State
- Author : Mississippi Supreme Court
- Release Date : January 27, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
Sureties — Injunction Bonds — Action on Bond — Complaint — Sufficiency — "Damages" Recoverable — Costs — Attorneys Fees — Statute. Sureties — Injunction Bonds — Liability Determinable from Terms of Statute and Bond. 1. A surety on an injunction bond contracts with reference to the provisions of section 9246, Revised Codes 1921, and his contractual liability is determinable by its terms and those of the bond. Injunction Bonds — "Damages" Recoverable Embrace, What. 2. The word "damages" as used in section 9246, above, providing that an injunction bond must be to the effect that the plaintiff will Page 171 pay to the party enjoined such damages as the latter may sustain by reason of the injunction, embraces the reasonable expenses and costs of procuring the dissolution of the injunction when wrongfully issued, including attorneys fees. Same — Injunction Granted Without Notice — Awarding of Costs not Exceeding $100 — Statute Permissive. 3. Held, that the provision of section 9252, Revised Codes 1921, that where an injunction order is granted without notice and afterward dissolved on application of the party enjoined, as improperly issued, the court may award the enjoined party as costs such sum as to the court may appear just, not exceeding $100, is permissive only, and the court may, therefore, award such costs or leave the party enjoined to an action at law on the bond, if that instrument is so conditioned as to permit of such an action. Same — Action on Bond — Complaint — Allegation That Court had Awarded Costs Unnecessary. 4. Under the last above rule, held, that plaintiff in an action on an injunction bond after dissolution of the injunction, issued without notice, as improperly issued, to recover $162 as damages suffered by way of expenses incident to procuring its dissolution, including witness and attorneys fees, was not required to allege in his complaint that the court had awarded him costs in its order of dissolution and that he had served and filed a memorandum of costs and disbursements. Same — Action on Bond — Complaint — Joinder of Principal and Surety as Defendants Optional With Plaintiff. 5. Plaintiff in an action on an injunction bond to recover damages suffered by him because of its wrongful issuance may, at his option, under section 9084, Revised Codes 1921, proceed against the surety alone, or join the party in whose behalf it was given, and the surety, as parties defendant. Same — Breach of Condition — Finding of Court — What Sufficient to Support Judgment for Plaintiff. 6. A finding of the district court in its order of dissolution of a temporary injunction that "the court should not have granted the injunction in the first instance" was tantamount to saying that plaintiff "was not entitled thereto" (sec. 9246, Revised Codes 1921) and therefore sufficient to show a breach of the condition of the bond and to support judgment in favor of plaintiff in his action on the injunction bond to recover damages sustained by him incident to procuring dissolution of the injunction. Same — Allowance of Attorneys Fee — Reasonableness — Evidence — Sufficiency. 7. An allowance of $100 as an attorneys fee for services rendered in procuring the dissolution of an injunction, held not so excessive as to show passion and prejudice on the part of the jury, where reputable attorneys testified that the charge was reasonable.
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