Ah Thaie v. Quan Wan

Citations

• 3 Cal. 216

Syllabus

<p>In an action upon an injunction bond, to recover damages for the wrongful issuing of the writ, it was held, that the amount paid to counsel as a fee to procure the dissolution of the injunction, was properly allowed as part of the damages.</p> <p>Generally, the recovery of counsel fees, as part of the damage, is not allowed, as where the loss is consequential, but where the loss is direct, as in the case of an improper commencement and prosecution of a suit, or other process in a suit, it should be allowed.</p> <p>The case of Heath v. Lent, 1 Cal. Reports, is not law.</p>