Lindeberg

(after making.the foregoing statement, delivered the opinion of the court).

Did the court err in holding that attorney’s fees were an element of damage to be considered by the jury in a case of this character? The statute of Alaska provides: “Sec. 384. An injunction may be allowed, by the court or judge thereof at any time after the commencement of the action and before judgment. Before allowing the same the court or judge shall require of the plaintiff an undertaking, with one or more sureties, to the effect that he will pay all costs and disbursements that may be decreed to the defendant, and such damages, not exceeding an amount therein specified, as he may sustain by reason of the injunction if the same be wrongful or without sufficient cause.” Act June 6, 1900, c. 786, 31 Stat. 397 .

' It will be observed that'it is not provided in this statute that attorney’s fees incurred by the defendant in procuring the dissolution of the injunction should be an element of damage recoverable in a suit upon the bond. In the absence of such a provision the question arises whether, under the general law and the consideration of sound public *601 policy, such fees are an element of damage…