Ansly v. Mock
Supreme Court of Alabama
Writ of Error to the Circuit Court of Macon. .The defendant in error declared against the plaintiff, in debt, setting forth that on the 23d September, 1833, he commenced an action, &c., against Peter Robertson, and on the 31st of October, 1834, the defendant in that action prayed for and obtained an injunction against the further prosecution of the same, upon executing a bond to the plaintiff, in the penal sum of one thousand dollars, conditioned to pay him “all damages…
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Writ of Error to the Circuit Court of Macon. .The defendant in error declared against the plaintiff, in debt, setting forth that on the 23d September, 1833, he commenced an action, &c., against Peter Robertson, and on the 31st of October, 1834, the defendant in that action prayed for and obtained an injunction against the further prosecution of the same, upon executing a bond to the plaintiff, in the penal sum of one thousand dollars, conditioned to pay him “all damages which he might sustain by the wrongful suing out of said injunction,” &c. In pursuance of the order, Robertson and the…
1Opinion of the Court
COLLIER, C. J.'
1. The declaration seems to us to be fatally defective. It recites the bond at length, avers that it was taken pursuant to the order of the judge who awarded the injunction, alledges the dissolution of the injunction, the recovery at law, *449the return of a. fieri facias against Robertson “no property found,” the insolvency of Robertson when the judgment was rendered and execution issued, and as a consequence thereof, deduces the forfeiture of the condition of the bond, and the liability of the defendant. This is not a good assignment of a breach. It is not co-extensive with the…
2Cases cited5 opinions
- United States v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1812
- Clark v. BushNew York Supreme Court · 1824
- Dickinson v. M'CrawCourt of Appeals of Virginia · 1826
- Clifford v. ConyMassachusetts Supreme Judicial Court · 1805
- Hodges v. SuffeltNew York Supreme Court · 1801
3Cited by2 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Bradford v. National Surety Co.Supreme Court of Alabama · 1922