Edmison v. Sioux Falls Water Co.

Citations

• 10 S.D. 440
• 73 N.W. 910
• 1898 S.D. LEXIS 7

Syllabus

<p>1. In assessing damages caused by an injunction, under Comp. Laws, § 4988, contemplating a summary proceeding for such assessment, without trial by a jury, and without formal pleadings required in ordinary actions, no damages must be included that do not necessarily result from the granting of the injunction order.</p> <p>2. The liability of sureties on an injunction bond will not be extended by construction beyond the terms of the instrument.</p> <p>3. In assessment of damages on an injunction bond in a suit wherein respondent was enjoined from cutting off appellants water supply, no damages can be recovered for water supplied to appellants while such injunction was in force, when the order did not preclude respondent from suing to recover the water rates as fast as they became due; appellants being solvent during that time and for several years thereafter.</p> <p>4. The fact that judgment had been obtained against the principals on an injunction bond, for water supplied them, while the injunction preventing respondent cutting oil the supply was in force, and execution issued and returned unsatisfied, will not give respondent a right to assess damages for the value of the water on the bond, where the action to recover the rates was not instituted until some time after the injunction was dissolved, when it might- have been brought each quarter when the rates became due, and a delay of several years in assessing the damages occurred, during which time the principals became insolvent.</p> <p>5. Courts, in estimating damag'es caused by injunctions, proceed upon equitable grounds; and losses sustained by delays and laches on the part of the defendant should be borne by him.</p>