59 N.H. 24 | N.H. | 1879
The equity proceeding, instituted to vacate and enjoin the judgment obtained in the first suit of Solomon v. Chesley, failed, and left that judgment just where the proceeding found it. The bond was given to indemnify the defendant in that proceeding in case it was determined in his favor, as it eventually was. The equity suit was independent of the action of review, and did not aid in showing the first judgment to be erroneous. The result made it manifest that it was a groundless proceeding, and the right of the prevailing party to the cost of defending against it was not affected by the result of the action of review.
The obligation of the bond was to fully indemnify the plaintiff from all loss, cost, or damages arising from the injunction. 36th Rule in Chancery; Towle v. Towle,
The reasonable counsel fees incurred in defending against the bill were costs which it was the plaintiff's right, if not his duty, to incur, and which naturally resulted from the proceeding, and these he can recover.
Case discharged.
SMITE, J., did not sit: the others concurred. *26