Jones v. Allen
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. This áetíon is founded upon an injunction bond dated December 17, 1888, in which Wiley Jones and C. EC.
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In Error to the Circuit Court of the United States for the Eastern District of Arkansas. This áetíon is founded upon an injunction bond dated December 17, 1888, in which Wiley Jones and C. EC. Triplett, two of the plaintiffs in error, and J. B. Talbot, since deceased! became sureties for B. G. Atkinson and E. B. Houston, to secure the payment of any damages, not exceeding $7,000, which might be sustained by reason of the injunction, if it was finally decided that it ought not to have been granted. B. .G. Atkinson and E. B. 'Houston, the principals in the bond, had been sued by James H. Allen,…
1Opinion of the CourtThayer, Circuit Judge
It is contended, in the first place, that the trial court erred in permitting the plaintiffs below, who are the defendants in error here, to *525introduce the following record testimony: First, the mandate of this court in the equity case in which the injunction bond had been given; second, the judgment rendered against R. it. Atkinson and E. B. Houston, on May 9, 1896, for $11,817.79; and, third, the execution, with (he marshal’s return indorsed thereon, which was issued upon said judgment. We think, however, that this contention is untenable, since the testimony in question established certain…
2Cases cited4 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- W.T. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Hayden v. AlbeeSupreme Court of Minnesota · 1873
- Fort v. Union Pac. R.U.S. Circuit Court for the District of Nebraska · 1871
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- Rice v. Fidelity & Deposit Co.Court of Appeals for the Eighth Circuit · 1900
- Bill C. Harris Construction Co. v. PowersSupreme Court of Arkansas · 1977
- Rowe v. RennickCalifornia Court of Appeal · 1931
- Smith v. City of SeattleWashington Supreme Court · 1903
- Dalton v. Calhoun County District CourtSupreme Court of Iowa · 1914
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