Elms v. Wright-Blodgett Co.

Citations

• 106 La. 19

Syllabus

<p>Syllabus.</p> <p>1. A suit brought by a defendant in injunction after dissolution of the injunction by the District Court and the delays for- a suspensive appeal have expired, to recover damages on the bond for wrongful injunction, should not be dismissed on an exception of prematurity, because the year for a devolu tive appeal had not yet expired, defendant filing the exception not having appealed from the judgment dissolving the injunction. This judgment may not be technically res judicata, but it can be legally used as the basis for a suit for damages subject to such rights as may arise from a reversal of 1he judgment on a devolutive appeal. The utmost right defendant would have would be to have judgment in the case delayed.</p> <p>2. Where a person alleging that another who made a sale to him of real estate illegally refused to execute .a deed of sale, institutes a- suit in which he claims ownership of the property and prays that defendant be ordered to execute a deed of sale and he incidentally causes an injunction to issue enjoining defendant from disposing of the property, he cannot, when the injunction has been dissolved as not having been justified by the facts, shelter himself from damages for a wrongful injunction, on the ground that his action, claiming the property, would, under Article 2453 of the Civil Code, have had the same effect as an injunction.</p> <p>3. Defendant in injunction, suing upon the injunction bond for damages for wrongful injunction, can only recover damages resulting from the injunction ; he cannot, in such a suit, recover for remote conjectural profits, of which he claims to have been deprived, the collateral and consequential results of the injunction.</p> <p>4. Whether defendant in an injunction suit in which the injunction has been dissolved should recover from the plaintiff in injunction in an action on the bond his attorney’s fees as damages, and, if so, how much, is to be determined by the facts of each special cause and n