State ex rel. v. Purcell
West Virginia Supreme Court
Statement of the case by Woods, Judge : This is an action of debt in the Circuit Court of Mercer county, in the name of the State of West Virginia, at the relation and for the benefit of J. T. Griffith against Edmund Purcell, Thomas Purcell and Thomas Peed, upon an injunction bond in the penalty of $1,000.00, which, after reciting that said Edmund Purcell, in a certain chancery suit instituted by him against said J. T. Griffith, had obtained from the judge of the Circuit…
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Statement of the case by Woods, Judge : This is an action of debt in the Circuit Court of Mercer county, in the name of the State of West Virginia, at the relation and for the benefit of J. T. Griffith against Edmund Purcell, Thomas Purcell and Thomas Peed, upon an injunction bond in the penalty of $1,000.00, which, after reciting that said Edmund Purcell, in a certain chancery suit instituted by him against said J. T. Griffith, had obtained from the judge of the Circuit Court of said county a preliminary injunction restraining said Griffith from collecting, and certain of his debtors from…
1Opinion of the Court
Woods, Judge :
It will be observed that the injunction awarded in this cause was not an injunction to stay proceedings on a judgment or decree for the payment of money, and was not therefore one where the bond was required by section 10 of chapter 133 of the Code to be with “condition to pay such judgment or decree and all such costs as may be awarded against the party obtaining the injunction and also such damages as shall be incurred or sustained by the person enjoined in case the injunction be dissolved.” The injunction being to prevent J. T. Griffith from collecting from the Norfolk and…
2Cases cited21 opinions
- United States v. TingeySupreme Court of the United States · 1831
- The United States, in Error v. Phineas Bradley, Surviving Administrator of David Ott DeceasedSupreme Court of the United States · 1836
- United States v. LinnSupreme Court of the United States · 1841
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Burrall v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
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