Logsden v. Willis

• Citation: 77 Ky. 183
• Parties: Logsden v. Willis.
• Decision Date: 14 September 1878
• Court: Court of Appeals of Kentucky

77 Ky. 183

Logsden v. Willis.

Court of Appeals of Kentucky.

September 14, 1878

APPEAL FROM GRAYSON CIRCUIT COURT.

CONKLIN & MCBEATH FOR APPELLANT.

1. When an injunction is dissolved, the party against whom it was obtained must, by motion, have his damages assessed. (Old Code, sec. 325; New Code, sec. 295; Crawford v. Woodworth, 9 Bush, 745.)

G. W. STONE FOR APPELLANT.

1. As the plaintiff dismissed his petition and injunction before answer, section 295 of the Code has no application to this case. The injunction was not dissolved, it was dismissed by the order dismissing the petition, and therefore no damages could be assessed as provided in said section 295.

OPINION

PRYOR, CHIEF JUSTICE:

By section 295, Civil Code, it will be found that it is only in cases where proceedings on a judgment have been stayed by an injunction that the chancellor immediately, on the dissolution, is empowered to ascertain the damages and to render a judgment for them. In all other cases the remedy is on the injunction-bond. Why the legislature restricted the power of the chancellor to cases only where judgments have been enjoined, is not necessary to determine. The language of the Code is plain and admits of no other construction.

Judgment affirmed.