Donahue v. Johnson

Citations

• 9 Wash. 187
• 37 P. 322
• 1894 Wash. LEXIS 279

Syllabus

<p>ACTION ON INJUNCTION BOND — DAMAGES — FINAL JUDGMENT — EVIDENCE.</p> <p>In a suit involving an application for an injunction, and in which a temporary injunction had been granted, a judgment, after a hearing upon the merits, that “defendant is entitled to a dissolution of the restraining order heretofore issued against him herein, and that he go hence with costs,” is a final judgment, and not merely an interlocutory order dissolving an injunction; and such judgment may be offered in proof in an action upon an injunction bond. (Hoi'T, J., dissents.)</p> <p>Attorney fees are not recoverable in an action on an injunction bond, where no motion for the dissolution of the injunction is made, and it is allowed to stand until defeated by a trial upon the merits.</p> <p>The fact that the owner of a mining claim sold it for a less sum of money after the dissolution of an injunction against his working it than he could have procured prior to the injunction, does not entitle him to recover the difference, in the absence of allegation and proof that the claim was less valuable because of the injunction than it was before.</p> <p>A general allegation of ownership of a mining claim is sustained by proof of a right to occupy under the mining laws of the United States, although the fee remains in the government. (Hoyt, J., dissents.)</p>