Lacey v. Davis
Supreme Court of Iowa
Appeal from Mahaska District Court. — - IíoN. A. R. Dewey, Judge. ActioN at law on an injunction bond to recover dam-' ages for the wrongful suing out of a writ of temporary injunction. The trial was had to the court, a jury being-waived, and judgment entered in favor of plaintiffs. Defendants appeal.—
1Opinion of the Court
Bisi-iop, J. — ■
The petition in the instant action alleges that at a prior time named these defendants commenced an actipn in the Mahaska district court, against one Boyer for an injunction; that in such action a temporary writ was prayed for, and the same was granted and did issue upon the filing of the bond here sued lipón. It is then alleged that upon motion of said Boyer the temporary writ thus issued was dissolved. Damages consequent upon the wrongful issue of the writ are alleged, and it is said that the same and the claim therefor arise out of the fact that said Boyer was compelled to…
2Cases cited3 opinions
- Penny v. HolbergMississippi Supreme Court · 1876
- Bemis v. GannettNebraska Supreme Court · 1879
- Bank of Monroe v. GiffordSupreme Court of Iowa · 1885
3Cited by2 opinions
- Bunston v. LabbittMontana Supreme Court · 1929
- Western Fruit & Candy Co. v. McFarlandSupreme Court of Iowa · 1919