Barber v. M. Levy & Sons
Mississippi Supreme Court
From the circuit court of Newton county. Hon. A. G-. Mayers, Judge. This was an action by M. Levy & Sons against I. I. Barber on an injunction bond given to restrain a sale under a deed of trust, for the statutory penalty of five per centum on the amount of the debt, awarded by § 572, code 1892, by way of damages on the dissolution of an injunction granted for such purpose. The declaration contained no averment as to the value of the property the sale of which was enjoined.
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From the circuit court of Newton county. Hon. A. G-. Mayers, Judge. This was an action by M. Levy & Sons against I. I. Barber on an injunction bond given to restrain a sale under a deed of trust, for the statutory penalty of five per centum on the amount of the debt, awarded by § 572, code 1892, by way of damages on the dissolution of an injunction granted for such purpose. The declaration contained no averment as to the value of the property the sale of which was enjoined. The defendant demurred, assigning, among other grounds, the failure of the declaration to aver that the value of the…
1Opinion of the CourtWoods, J.
The concluding clause of § 573, code of 1892, clearly recognizes the jurisdiction of courts of law to entertain suits on injunction bonds. The proper interpretation of this clause was declared in Davis v. Hart, 66 Miss., 642, following what was said in Goodbar v. Dunn, 61 Miss., 627. In the latter case it was said by this court: “The only purpose and effect of the last clause of the section was to exclude the conclusion that the remedy provided by the section was a denial of the right before recognized to sue on the bond.”
The action of the court in overruling the demurrer, however, was…
2Cases cited4 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Kline v. StateMississippi Supreme Court · 1870
- Allen v. StateMississippi Supreme Court · 1884
- Davis v. HartMississippi Supreme Court · 1889
3Cited by2 opinions
- Ladnier v. StateMississippi Supreme Court · 1929
- Ray v. SnowMississippi Supreme Court · 1988