American Surety Co. v. Cresson Consolidated Gold Mining & Milling Co.

This is an agreed case between The American Surety Company of New York, plaintiff, and The Cresson Consolidated Gold Mining & Milling Company, defendant, to determine the liability of the defendant for the payment of *169premiums on an injunction bond, during the time proceedings were pending on error. Judgment was for defendant, and plaintiff brings the case here for review.

From the agreed facts it appears that defendant applied to the District Court of Teller County for a temporary injunction to restrain the County Treasurer from selling certain mining property. A temporary writ was granted in…