Smith v. Atkinson
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. On October 3, 1881, Joel W. Smith and H. A. W. Tabor deposited in the bank of Leadville, to the credit of J. F. Chancy and N. N. Atkinson, appellees herein, the sum of §85,200, upon a contract for the purchase of certain mining property.
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Appeal from the District Court of Arapahoe County. On October 3, 1881, Joel W. Smith and H. A. W. Tabor deposited in the bank of Leadville, to the credit of J. F. Chancy and N. N. Atkinson, appellees herein, the sum of §85,200, upon a contract for the purchase of certain mining property. Immediately after making the deposit, Smith and Tabor, alleging some defect in the title to the property purchased, sued out an injunction- restraining the bank from paying over any part of the sum so- deposited. Upon the 11th of July, 1882, they voluntarily procured a dissolution of the injunction…
1Opinion of the CourtChief Justice Hayt
It is admitted that under section 161 of the Civil Code, as found in the Session Laws of 1887, it was not necessary to the maintenance of this action that an award of damages should first have been made against the principals in the injunction suit, Tabor and Smith. It is contended, however, that no action can be sustained against the sureties unless damages are assessed against all the principals, — that in no event could there be an award of damages against one of the principals only. It is claimed that the liability of Tabor and Smith is joint, not several, and that the discharge of Tabor…
2Cases cited2 opinions
- Leese v. SherwoodCalifornia Supreme Court · 1862
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