Roger B. Taney

Name: Bein v. Heath (53 U.S. 168) — Opinion of the Court
Author: Roger B. Taney

Bein v. Heath (53 U.S. 168) — Opinion of the Court

Summary

“Bein v. Heath (53 U.S. 168) — Opinion of the Court”, is a work by Roger B. Taney. It explores elements such as injunction, damages and the Circuit Court.

Quotes from Bein v. Heath (53 U.S. 168) — Opinion of the Court (Roger B. Taney)

Roger B. Taney, Bein v. Heath (53 U.S. 168) — Opinion of the Court

“ The basis of the law, allowing damages beyond interest, is indemnity. It is intended not only to secure the payment of the interest and costs, but the consequential injuries resulting from the unjust obstruction of legal process, and, for the trouble, expense, and actual loss. Now, part of the injury here, was clearly occasioned by the plaintiff's interference by this injunction, which, in its progress, caused the loss of those rents, the receipt of which might have gone far to diminish the amount of the debt and interest, and thereby the loss has been enhanced beyond the penalty of the bond. ”

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Source: Wikisource

Roger B. Taney, Bein v. Heath (53 U.S. 168) — Opinion of the Court

“ And when an injunction is applied for in the Circuit Court of the United States sitting in Louisiana, the court grant it or not, according to the established principles of equity, and not according to the laws and practice of the state in which there is no court of chancery, as contradistinguished from a court of common law. And they require a bond, or not, from the complainant, with sureties, before the injunction issues, as the court, in the exercise of a sound discretion, may deem it proper for the purposes of justice. ”

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Source: Wikisource

Roger B. Taney, Bein v. Heath (53 U.S. 168) — Opinion of the Court

“ But the bond, in the case before us, is not one to pay the damages which the opposing party should sustain by reason of the injunction, but it is to pay the damages that might be recovered against them; obviously referring, we think, to the practice in Louisiana above mentioned. A court proceeding, according to the rules of equity, cannot give a judgment against the obligors in an injunction bond when it dissolves the injunction. ”

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Source: Wikisource

Roger B. Taney, Bein v. Heath (53 U.S. 168) — Opinion of the Court

“ And, if the plaintiff be nonsuited, he may take a suspensive appeal therefrom, on giving his bond for a sum exceeding one half the amount of the judgment against him. And in case the plaintiff, in the order of seizure, attempt to sell under it, he may be restrained by a writ of prohibition from the Supreme Court, until the injunction suit be finally disposed of in that tribunal. State v. Judge Buchanan, 19 La., 171. A suspensive appeal is defined in arts. ”

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Source: Wikisource

Roger B. Taney, Bein v. Heath (53 U.S. 168) — Opinion of the Court

“ No counsel fees allowed as special damages where none proved to have been paid.
3. The non-payment of the rents by the tenant of the mortgaged premises constitutes no breach of the condition of the injunction-bond, for which for obligors are responsible. These parties never became sureties for the tenant; they never understood that he should pay anything to the plaintiff. The petition in this case charges no such obligation, and avers no breach of it. The charge has no foundation in law. ”

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Source: Wikisource

Roger B. Taney, Bein v. Heath (53 U.S. 168) — Opinion of the Court

“ That the damages thus caused to the defendant, as above alleged, amount to about eight thousand six hundred dollars, which the said Mary Bein and the said Gilbert S. Hawkins are bound in solido to pay to the petitioner, by virtue of the foregoing allegations, and the bond signed by them to the extent of three thousand dollars. ”

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Source: Wikisource

Roger B. Taney, Bein v. Heath (53 U.S. 168) — Opinion of the Court

“ Ellmore & King, attorneys at law, seven hundred dollars; to John R. Grymes, attorney at law, five hundred dollars; to J. W. Smith, five hundred dollars; and to attorneys and counsellors in Washington to attend the argument of the case in the Supreme Court-to Walter Jones, attorney at law, two hundred and fifty dollars, and-Bradley, Esq., attorney at law, two hundred and fifty dollars. ”

Roger B. Taney

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