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MORENCY v. PLOURDE

No. 3938.

96 N.H. 344 (1950)

ALPHONSE MORENCY v. AUGUSTE PLOURDE. ALBINA MORENCY v. SAME.

Supreme Court of New Hampshire

November 17, 1950.

Attorney(s) appearing for the Case

Karl E. Dowd and Albert Terrien (Mr. Terrien orally), for the plaintiffs.

Leonard & Leonard (Mr. Richard W. Leonard orally), for the defendant.

KENISON, J.

The motions to dismiss were properly denied. The equity proceedings did not seek the recovery of damages and none were awarded. The fine imposed for contempt was in no sense an award of damages to the plaintiffs. Where damages in injunction proceedings are neither sought nor granted, the injunctive relief is not a bar to the law actions for damages on account of the thing enjoined. Woodbury v. Porter, 158 F.2d 194

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