Lally v. Wise
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The execution on which the money was collected was in favor of Lally and Day, and against Schwartz. Murphy, the Sheriff, suffered default in the injunction suit, but Lally 1 defended, and judgment was entered upon the merits, dissolving the injunction and dismissing the complaint as to him. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court,
Shafter, J.
This is an action on an injunction bond executed by the appellants in the suit of Uhlfelder et al. v. Schwartz, Murphy, Lally, et als. Murphy was Sheriff of the County of Santa Clara, and he, amongst other things, was restrained by the injunction from paying over to Lally the sum of one thousand six hundred and seventy-five dollars forty-one cents collected on an execution in favor of Lally against the said Schwartz. It was thereafter determined that the injunction had in that particular been improperly granted. The plaintiff herein, recovered a judgment for one…
2Cases cited3 opinions
- Heyman & Co. v. LandersCalifornia Supreme Court · 1859
- Baker v. BartolCalifornia Supreme Court · 1857
- Grimes v. FallCalifornia Supreme Court · 1860
3Cited by7 opinions
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- Georgeson v. SteinhoferCalifornia Supreme Court · 1922
- North Star Boot & Shoe Co. v. StebbinsSouth Dakota Supreme Court · 1893
- Reichert v. General Insurance of AmericaCalifornia Supreme Court · 1968
- Mann v. Glens Falls InsuranceDistrict Court, D. Nevada · 1974
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