Vandeventer Trust Co. v. Western Stoneware Co.

• Decision Date: 06 March 1917
• Docket Number: No. 14502.,14502.
• Citation: 193 S.W. 1000
• Parties: VANDEVENTER TRUST CO. v. WESTERN STONEWARE CO.
• Court: Missouri Court of Appeals

193 S.W. 1000

VANDEVENTER TRUST CO. v. WESTERN STONEWARE CO.

No. 14502.

St. Louis Court of Appeals. Missouri.

Argued and Submitted February 8, 1917.

Opinion Filed March 6, 1917.

Rehearing Denied April 18, 1917.

Appeal from Circuit Court, Pike County; Edgar B. Woolfolk, Judge.

"Not to be officially published."

Suit by the Vandeventer Trust Company against the Western Stoneware Company. From a judgment assessing damages on a bond given on the issue of a temporary injunction, plaintiff appeals. Affirmed.

Bishop & Cobbs and Marshall & Henderson, all of St. Louis, and Hostetter & Haley, of Bowling Green, for appellant. J. W. Matson, of Louisiana, Mo., for respondent.

REYNOLDS, P. J.

This is an appeal from a judgment assessing damages on a bond given on the issue of a temporary injunction. The suit having been determined adversely to plaintiff, and the temporary injunction dissolved, respondent, defendant below, moved for assessment of damages on the bond. The question of the amount of damage to be assessed was submitted to the court by counsel without evidence, leaving it to the court to determine the value of the services of the attorney and the court fixed that at $60, and plaintiff appealed.

The injunction referred to is the one given in the action between the same parties, a decision in which is handed down herewith. 193 S. W. 995. Having affirmed the judgment of the circuit court in the main case, dismissing plaintiff's cause, no ground is suggested why we should not affirm the judgment awarding damages on the injunction bond. That judgment is affirmed.

ALLEN, J., concurs. BECKER, J., not sitting.