Francis v. Fidelity & Deposit Co.

STURTEVANT, J.

An action in equity was commenced entitled

The Knights of the Ku Klux Klan (a

Corporation) v.

Leon C. Francis et al.

A temporary restraining order was taken out. To obtain the restraining order, the plaintiff gave an undertaking in the sum of $500, which was executed and delivered by this defendant. Later the action was dismissed and one of the defendants in that action commenced this action to recover $500 alleged to be his damages. The action last mentioned was tried before the court sitting without a jury. The court made findings in favor of the plaintiff and from a judgment entered thereon the defendant has appealed and has brought up a bill of exceptions.

It is conceded that in the injunction action attorneys appeared for the defendants and obtained the above-mentioned judgment of dismissal; that they were paid $500; and that the payment was a reasonable sum for the services so performed. While the foregoing facts are admitted, some others are attacked under the claim that the findings are not supported by the evidence. The findings were general. It is necessary, therefore, to set forth at least parts of the pleadings. The plaintiff alleged, among other things: “That the plaintiff herein,. upon being served with the said temporary restraining order and order to show cause aforesaid, was compelled to employ, and did employ, Frank W. Hooper and John L. MeVey, attorneys at law, duly licensed and entitled to practice as such in all the courts of the State of California, to appear for and represent Trim upon the hearing of said temporary restraining order and order to show cause, and said attorneys did appear for and represent the said plaintiff herein in the matter of said temporary restraining order and order to show cause at

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the time and place set forth in said temporary restraining order and order to show cause; . . . That the plaintiff herein was compelled to, and did, pay to said Frank W. Hooper for his services aforesaid the sum of $250.00, and was compelled to, and did, pay to said John L. McVey for his services aforesaid the sum of $250.00, and the said sum of $500.00 was and is the reasonable value of the services of said attorneys as aforesaid.”