59 Vt. 125 | Vt. | 1886
•The opinion of the court was delivered by
The plaintiff seeks to recover upon the injunction bond, as damages occasioned by the injunction, the rental value of the premises during the pendency of the injunction. He had procured a decree of foreclosure against the defendant, Ira Hill, of the, premises, the rental value of which is sought to be recovered, which would become absolute November 29, 1876. On the 14th of November, 1876, the defendant, Ira Hill, brought a bill of review in the foreclosure suit, and procured an injunction therein, against the plaintiff, forbidding him from doing anything to enforce, and suspending the operation of the decree of foreclosure during the pendancy of the injunction. The bond in suit is conditioned for the payment, by the defendant to the plaintiff, of such damages and costs as he should sustain by reason of the injunction. The injunction suit was finally dismissed in February, 1879, and a final decree therein then made by agreement of the parties, giving the
The judgment of the County Court is affirmed.