Willson v. McEvoy
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The Court below found as facts that on the 31st day of January, 1857, an order was made in the case of Knowles et al. v. Inches and Galderwood, that a preliminary injunction issue upon plantiffs’ filing an undertaking in the sum of one thousand dollars.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. The Court below found as facts that on the 31st day of January, 1857, an order was made in the case of Knowles et al. v. Inches and Galderwood, that a preliminary injunction issue upon plantiffs’ filing an undertaking in the sum of one thousand dollars. That the undertaking was filed on the fifth clay of February following, and the writ of injunction issued, which was served on defendant Inches on the 11th day of February following. That on the first day of August, 1857, the bill was dismissed and the…
1Opinion of the Court
By the Court, Rhodes, J.
This suit was brought on an injunction bond, executed by the present defendants, to Inches and Calderwood, the defendants in the case of Knowles v. Inches and Calderwood. It is described in the complaint as a “ certain undertaking, whereby they undertook and promised that they would pay all damages, not exceeding the sum of one thousand dollars, that the said Inches and Calderwood should sustain by reason of said injunction, if the Court should finally decide that the said plaintiffs in that suit were not entitled thereto.” Inches assigned the bond to the present…
2Cases cited7 opinions
- Churchill v. HuntNew York Supreme Court · 1846
- Marshall v. BetnerSupreme Court of Alabama · 1850
- Castro v. RichardsonCalifornia Supreme Court · 1864
- McConihe v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Garrett v. LoganSupreme Court of Alabama · 1851
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