United States Supreme Court Cases & Opinions

U.S. Supreme Court

Wingert v. First National Bank, 223 U.S. 670 (1912)

Wingert v. First National Bank of Hagerstown

No. 176

Argued February 29, 1912

Decided March 11, 1912

223 U.S. 670

Syllabus

After filing of a bill for injunction, defendants proceed at their peril, and even if no preliminary injunction is issued, if they inflict actionable wrong upon the plaintiff, the bill can be retained for assessment of damages; but if the only ground left for further prosecution is costs, the appeal will be dismissed.

Where, pending trial below and hearing of appeal, the object unsuccessfully sought to be enjoined has been accomplished -- in this case, the erection of a building by a bank -- the only ground left for further prosecution is costs, and the appeal will be dismissed.

Page 223 U. S. 671

An action by a stockholder for injunction against a national bank and its director to restrain them from materially altering the bank building will not be transmuted into an action for damages against the directors for so doing; such an action will not lie.

Appeal from 175 F.7d 9 dismissed.

The facts, which involve the power of directors of a national bank to alter its building against the protest of a minority of its shareholders, are stated in the opinion.