Underhill v. Spencer
Supreme Court of Kansas
Error from, Barton Distriet Court. Action brought by Spencer against Underhill and three others, upon a bond in the sum of $175 by them given in an action to restrain further proceedings under an execution issued upon a certain judgment in favor of the plaintiff and against the defendant Underhill, as constable, and his sureties. Trial by the court, at the March Term, 1879, and judgment for the plaintiff for $25 damages and for costs. The defendants bring the case here.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action on an injunction bond. Two questions only are presented. The bond was conditioned to “pay all costs and damages which may be awarded against them on the final hearing in this cause by the court.” It appears that the injunction was dissolved, but the terms of the order of dissolution are not shown.
First, it is contended that, as it is not shown that any damages were awarded in the action in which the bond was given, none can be recovered, the liability of sureties being limited to the express terms of the contract. The bond…
2Cases cited5 opinions
- Garrett v. LoganSupreme Court of Alabama · 1851
- Brown v. JonesNevada Supreme Court · 1870
- Miller v. GarrettSupreme Court of Alabama · 1859
- McRae v. BrownSupreme Court of Louisiana · 1857
- Steele v. ThatcherIllinois Supreme Court · 1870
3Cited by15 opinions
- Idbeis v. Wichita Surgical Specialists, P.A.Supreme Court of Kansas · 2007
- Elsman v. Glens Falls Indemnity Co.New York Supreme Court · 1933
- Miner v. KirkseySupreme Court of Kansas · 1923
- Mulvane v. TullockSupreme Court of Kansas · 1897
- Frantz v. SaylorSupreme Court of Oklahoma · 1902
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