Jacobs v. Jacobs, 170 Md. 405, 414, 185 A. 109. Hence, notwithstanding that the granting or withholding of an injunction rests largely in the sound discretion of the chancellor, and his decree will not be disturbed on appeal unless it clearly discloses an improvident exercise of judicial discretion, nevertheless his decree will be reversed by the Court of Appeals if it clearly appears that there has been an abuse of discretion showing a disregard of the facts or an obvious error in the application of the principles of equity. Phoenix Insurance Co. v. Carey, 80 Conn. 426, 68 A. 993; Smart v. Boston Wire Stitcher Co., 50 R.I. 409, 148 A. 803; Gemmell v. Fox, 241 Pa. 146, 88 A. 426; 28 Am. Jur., Injunctions, Secs. 35, 328. It is now too late to grant an injunction in this case but there are substantive rights to be determined. Before the temporary injunction was issued, the complainant was required to give a bond in the penalty of $1,000 to indemnify the defendants for any costs and damages occasioned by the issuance of the injunction in the event the injunction was rescinded. If we do not determine the primary right of the complainant to a writ of injunction, then the complainant will not have prosecuted the cause with effect, and the liability under the bond would become fixed for costs of suit as well as possible damages; whereas our determination now that the complainant was entitled to an injunction would discharge the bond.
This statute has allowed the stakeholder to be awarded counsel fees and expenses from the funds on deposit. Chase v. Benedict, 72 Conn. 322, 328 (1899); Union Trust Company v. Stamford Trust Company, 72 Conn. 86, 93, 96 (1899); Phoenix Insurance Company v. Carey, 80 Conn. 426, 431 (1908). Wells Fargo Advisors, LLC has made the claim for attorneys fees and costs in both the May 1, 2012 Bill of Interpleader (# 100.31) and in its amended Statement of Claim dated July 26, 2017 (# 206.00).
It is well settled that this statute allows the court to award a stakeholder reasonable attorneys fees and expenses. Phoenix Ins. Co. v. Carey, 80 Conn. 426, 431, 68 A. 993 (1908). The trial court has a wide discretion in making its awards, subject to review only for an abuse of that discretion.