Umbreit v. American Bonding Co. of Baltimore
Wisconsin Supreme Court
Appeal from an order of tbe circuit court for Milwaukee county: W. J. Tueuee, Circuit Judge. Tbe complaint in substance sets forth that one Albert W. May commenced an action in tbe United States circuit court for tbe Eastern district of Wisconsin against tbe plaintiff, praying for an accounting for tbe proceeds of a judgment in tbe custody of tbe clerk of tbe circuit court for Milwaukee county, Wisconsin; that an order was entered directing said clerk to retain tbe proceeds…
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Appeal from an order of tbe circuit court for Milwaukee county: W. J. Tueuee, Circuit Judge. Tbe complaint in substance sets forth that one Albert W. May commenced an action in tbe United States circuit court for tbe Eastern district of Wisconsin against tbe plaintiff, praying for an accounting for tbe proceeds of a judgment in tbe custody of tbe clerk of tbe circuit court for Milwaukee county, Wisconsin; that an order was entered directing said clerk to retain tbe proceeds of said judgment during tbe pend-ency of sucb action, and an injunction bond in tbe usual form was given; that…
1Opinion of the CourtBaeNes, J.
The liability of a surety on an injunction bond given in a suit in the federal courts pursuant to a law of the United States is not governed by the local law of a par*613ticular state, but is governed by the principles of jurisprudence adopted and'applied by the federal courts. Bein v. Heath, 12 How. 168; Tullock v. Mulvane, 184 U. S. 497, 513, 22 Sup. Ct. 372. By the laws of the United States as expounded by its courts, where the surety undertakes to pay such damages as may be “awarded?’ by reason of the issuance or continuance of an injunction, there is no breach of the condition of the bond as…
2Cases cited3 opinions
- Tullock v. MulvaneSupreme Court of the United States · 1902
- Bein v. HeathSupreme Court of the United States · 1852
- Deakin v. LeaU.S. Circuit Court for the Northern District of Illnois · 1882