Smith v. Smith

Court of Appeals of Kentucky

Smith v. Smith

7 Ky. Op. 386, 1873 Ky. LEXIS 613

DecidedDecember 20, 1873

StatusPublished

This text of 7 Ky. Op. 386 (Smith v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Smith, 7 Ky. Op. 386, 1873 Ky. LEXIS 613 (Ky. Ct. App. 1873).

Pincite

Opinion

Opinion by

Judge Pryor:

Conceding the appellant to be entitled to damages upon the dissolution of the injunction, still, the sum to be awarded being entirely within the discretion of the court, this court will not reverse when the court below refuses to give any.

Upon a reversal, no sum could be fixed by which the court below should be controlled, other than as provided by the Code. That court might allow, as damages, from one per cent, to ten per cent, on the amount enjoined; and as there is no specified sum in controversy, and the whole question being within the discretion of the court, although it may be arbitrary to refuse to allow any damages, the judgment will not be disturbed.

We perceive no error in requiring each party to' pay their own costs. Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion by

Judge Pryor:

Conceding the appellant to be entitled to damages upon the dissolution of the injunction, still, the sum to be awarded being entirely within the discretion of the court, this court will not reverse when the court below refuses to give any.

Upon a reversal, no sum could be fixed by which the court below should be controlled, other than as provided by the Code. That court might allow, as damages, from one per cent, to ten per cent, on the amount enjoined; and as there is no specified sum in controversy, and the whole question being within the discretion of the court, although it may be arbitrary to refuse to allow any damages, the judgment will not be disturbed.

We perceive no error in requiring each party to' pay their own costs. Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

7 Ky. Op. 386, 1873 Ky. LEXIS 613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-smith-kyctapp-1873.