Rubon v. Stephan
Mississippi Supreme Court
In error from the circuit court of Adams county; Hon. Stan-hope Posey, judge. This was an action of debt upon an injunction bond brought by Helena Rubon, Caroline Stith, and John Brues, against Christian Stephan and Edward Dixon.
Read the full summary
In error from the circuit court of Adams county; Hon. Stan-hope Posey, judge. This was an action of debt upon an injunction bond brought by Helena Rubon, Caroline Stith, and John Brues, against Christian Stephan and Edward Dixon. The action was founded on an injunction bond given by the defendants and one John B. Dixon, deceased, in the penalty of $5,000, dated April, 1842. The breach assigned in the declaration is, “ that the said Christian Stephan did not prosecute his said injunction with effect, but wholly failed therein, whereby plaintiffs were damaged to $5,000; ” also, “ that…
1Opinion of the CourtJustice Fisher
This was an’ action of debt in the circuit court of Adams county, founded upon an injunction bond, with the following condition: “Now if the said Christian Stephan, in case he should fail to prosecute his said injunction with effect,'shall satisfy and pay any damages that may accrue from the issuing of said injunction, and abide by the decision of the said chancery court, then this obligation shall be void.”
The issues were joined upon a plea of payment, and a plea denying that the injunction had been dissolved.
The plea of payment admitted the cause of action, to wit, the existence of the…
2Cited by5 opinions
- Yellen v. Fidelity & Casualty Co. of New YorkCalifornia Court of Appeal · 1931
- Slack v. StephensColorado Court of Appeals · 1904
- Thornton-Claney Lumber Co. v. J. M. O'Quin & SonsMississippi Supreme Court · 1917
- Kelley Bros. & Spielman v. Diamond Drill & Machine Co.U.S. Circuit Court for the District of Eastern Pennsylvania · 1906
- Slack v. StephensColorado Court of Appeals · 1904