Greiner v. Prendergast

The judgment of the court was pronounced by

SliiuEijL, J.

Greiner instituted suit to annul a judgment rendered against him in favor of Prendergast, on the ground that it was obtained through fraud. During the pendency of the action of nullity, an injunction issued at the instance of the plaintiff inhibiting the execution by Prendergast of the judgment which Greiner sought-to annul. The District .Court dissolved the injunction, and condemned Greiner and his surety in the injunction to pay Prendergast $27 damages, and ten per cent interest upon the judgment enjoined and costs. Greiner appealed…