Garlington v. Copeland
Garlington v. Copeland
Opinion of the Court
The opinion of the court was delivered by
The controversy in this case grows out of a claim on the part of the defendant, for damages alleged to have been sustained by him by reason of an injunction granted in the outset of the case. It seems that the defendant herein had previously recovered judgment against George F. Young, one of the plaintiffs herein, for a considerable sum of money, under which a levy had been made upon the lands of the said Young. Thereupon, the present action was commenced, mainly for the purpose of recovering a large sum of money claimed tobe due by Copeland, the defendant herein, to the- plaintiffs, and under the allegation that Copeland was insolvent, an injunction was asked for, restraining the sale of the said Young’s property, until the plaintiffs could have an opportunity of establishing their claim against said Copeland, which, without such injunction, would become fruitless. On hearing the .verified complaint, his honor, Judge Pressley, granted a rule requiring Copeland to show cause why the injunction prayed for could not be granted; and in the meantime restraining Copeland from enforcing his judgment against Young.
This rule to show cause was heard by his honor, Judge Cothran, who, upon the pleadings and affidavits submitted, granted an order continuing the restraining order previously granted by Judge Pressley, lintil a decision is made upon the merits, upon the plaintiffs entering into the usual undertaking provided for by statute. One of the reasons given by Judge' Cothran for his action is thus expressed by him: “It is apparent that the defendant herein is greatly embarrassed, if, indeed, he is not insolvent.” From this order Copeland appealed, and his appeal was dismissed, mainly upon the ground that the order of Judge Cothran was not appealable. See Garlington
Thereupon, the present proceeding was commenced for the purpose of having the damages assessed, which defendant claims that he sustained by reason of said injunction. The whole matter was referred to Master Barksdale, who heard the testimony and made his report, denying the defendant’s claim for damages. To this report defendant filed exceptions, and the case thus came before his honor, Judge Ernest Gary, who overruled all of the exceptions, and confirmed the master’s report, saying in his order that: “This report is so full and exhaustive, that it'is needless to repeat any of the matter contained therein. After considering it, I am satisfied that the principles of law announced and the findings of fact are correct.” From this order or judgment the defendant appeals upon the several exceptions set out in the record, which are practically identical with the exceptions taken by him to the master’s report.
The judgment of this court is, that the judgment of the Circuit Court be affirmed.
Reference
- Full Case Name
- GARLINGTON v. COPELAND
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Injunction Bond — Damages.—In action to require an insolvent defendant to account for rents and profits of certain lands of plaintiffs, and to enjoin him from meantime enforcing a judgment which he held against plaintiffs, an interlocutory injunction was granted, as prayed for, which the court refused to vacate, and an appeal from this latter order was dismissed upon the ground that the order was not appealable. Finally, the action was dismissed on the ground that plaintiff had not title to the lands as to which they sought an accounting. Held, that the injunction being merely ancillary to the main case, and only falling with it, defendant was not entitled to recover, under the injunction bond, the amount of fees paid by him to his attorneys in seeking to have the injunction dissolved. 2. Ibid. — Ibid.—Evidence.—It was not error to admit in evidence an assignment of this judgment, made by defendant before the injunction was granted, and such assignment shows that expenses incurred by defendant in seeking to dissolve this injunction, were unnecessarily incurred by him. 3. Ibid. — Ibid.—The defendant is not entitled to recover any damages under a statutory injunction bond, after complaint dismissed, where the court has never declared that plaintiffs were not entitled to the injunction which they obtained.