Spencer v. Sherwin
Supreme Court of Iowa
Certiorari to Cerro Gordo District Court. — Hon. John C. Sherwin, Judge. This is a proceeding by certiorari, instituted in this court by the plaintiffs to test the legality of the action of the defendant, a district judge, in rendering a judgment againt the plaintiffs as sureties on an injunction bond.
1Opinion of the CourtKinne, J.
In an action m the distinct court of Cerro Grordo county, wherein John Grrove was plaintiff, and principal in the bond hereafter referred to and John Bush was defendant, and in which it was sought to enjoin the collection of a certain judgment obtained against; said plaintiff by said Bush,, the plaintiffs herein were sureties on the injunction bond filed in said cause. The material part of the conditions of said bond was as follows: “Now, therefore, if the said John Grrove shall and will pay all the damages which may be adjudged against him by reason of such injunction, then this obligation…
2Cases cited14 opinions
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- Coates v. CaldwellTexas Supreme Court · 1888
- Hayden v. KeithSupreme Court of Minnesota · 1884
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