125 Iowa 410 | Iowa | 1904
The points made on this appeal relate to the correctness of the court’s ruling on the motion in arrest and of the judgment for attorney’s fees and expenses in defending against the injunction suit Claim' is now made that the petition does not state a cause of action, and that under the allegations thereof plaintiffs were not entitled to any relief. The petition recites the bringing ’of the original action and the giving of an injunction bond conditioned to pay all damages which might be adjudged against L. P. Ballinger by reason of the wrongful issuance of the injunction. It further recites that defendants have not paid all the damages sustained by plaintiffs by reason of the wrongful issuance of the injunction; that after the filing of the bond a temporary writ of injunction issued, restraining plaintiffs herein from moving a blacksmith shop from a certain lot, which continued in force for two months; that after the issuance of the writ plaintiffs herein filed a motion to dissolve it, which motion defendants herein confessed, and the injunc
We have examined each of the long lists of cases cited by appellants, but find few, if any, of them in point, and none which runs counter to the principles here announced.
The action of the trial court in overruling the motion in arrest and in rendering the judgment is affirmed.