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80 Mo. 270

Harrington v. Minor

Supreme Court of Missouri

Decided October 15, 1883

Supreme Court of Missouri · decided 1883-10-15

— Hon. M. G. McGregor, Judge. No instruction having been asked or given, there is nothing for this court to review. Easley v. Elliott, 43 Mo. 289; Wilson v. Byles, 46 Mo. 36; Weilandy v. Lemuel, 47 Mo. 322. Attorney’s fees are properly allowable by way of damages upon the dissolution of an injunction. Hann. $ St. J. B. B. Co. v. Shipley, 1 Mo. App. 254; State Treasurer v. Bledsmire, 56 Mo. 226; Uhrig v. City of St. Louis, 47 Mo. 528.

Relies on Weilandy v. Lemuel · Easley v. Elliott

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1883-10-15

How this case has been cited

Cited by 10 later decisions — most recently April 1921

10 state decisions

4018831890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Ewing, C.

¶1This is an appeal from the action of the circuit court of Jasper county in assessing damages upon an injunction bond. A jury being waived, the cause wac tried by the court.

¶2No objection was made, on the trial by appellant, to the introduction of the testimony or the mode of assessing the damages, nor were there any instructions of law asked or given by the court. There is nothing in this case for this court to review.

¶3The only way in which errors can be corrected, if the law is wrongfully decided, or a misapplication of the law to the facts is made by the lower court, is to ask declara*271tions of law or instructions, in order tbat tbis court may see upon what theory the court below proceeded. There is no question of law presented or saved in a manner which this court can review. Easley v. Elliot, 43 Mo. 289 ; Weilandy v. Lemuel, 47 Mo. 322.

¶4Judgment affirmed.

All concur.
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