Guthrie v. Biethan
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, in and for Bingham County. Hon. J. M. Stevens, Judge. Action to recover damages on an injunction bond where the writ had been dismissed or quashed. Judgment for plaintiff. A person restrained from doing what he had no legal right to do has no right of action for damages, even though the injunction has been wrongfully issued.
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APPEAL from the District Court of the Sixth Judicial District, in and for Bingham County. Hon. J. M. Stevens, Judge. Action to recover damages on an injunction bond where the writ had been dismissed or quashed. Judgment for plaintiff. A person restrained from doing what he had no legal right to do has no right of action for damages, even though the injunction has been wrongfully issued. (22 Cyc. 1062; Parks v. O’Connor, 70 Tex. 377, 8 S. W. 104.) When goods are illegally seized under execution, the plaintiff cannot recover damages by reason of an injunction to prevent a sale sued out by the…
1Opinion of the CourtSullivan, J.
This action was brought on an injunction bond to recover damages alleged to have accrued by reason of the wrongful issuance of a writ of injunction. The action was tried by the court with a jury and verdict rendered and judgment entered for plaintiffs in the sum of $125. The appeal is from the judgment.
The following facts appear from the record:
On the 29th of October, 1910, the appellant Biethan brought an action to foreclose a crop mortgage, against J. D. Muir as mortgagor, joining also George A. Robethan, Willie B. Guthrie, Frank Andrews, Murl Burton, David France, William Hayes, Thomas…
2Cases cited1 opinion
- Parks v. O'ConnorTexas Supreme Court · 1888
3Cited by7 opinions
- Wissman v. BoucherTexas Supreme Court · 1951
- Sanitary Appliance Co. v. FrenchCourt of Appeals of Texas · 1933
- Armstrong v. Illinois Central RailroadTennessee Supreme Court · 1926
- Beech v. American Surety Co.Idaho Supreme Court · 1935
- Mundell v. Colony Merc. Co.Supreme Court of Oklahoma · 1931
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