Schening v. Cofer
Supreme Court of Alabama
Appeal from Cullmau Circuit Court. Tried before Hon. H. C. Speake. Action by Mollie Cofer against C. Schening and others to recover damages for an alleged breach of a bond given by defendant Schening to enjoin plaintiff from selling certain land of defendant C. Schening under a power of sale given by a mortgage, and from collecting rents on the land/ To the amended complaint the defendant pleaded the general issue, and the defendant Anna B. Schening, one of the sureties on…
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Appeal from Cullmau Circuit Court. Tried before Hon. H. C. Speake. Action by Mollie Cofer against C. Schening and others to recover damages for an alleged breach of a bond given by defendant Schening to enjoin plaintiff from selling certain land of defendant C. Schening under a power of sale given by a mortgage, and from collecting rents on the land/ To the amended complaint the defendant pleaded the general issue, and the defendant Anna B. Schening, one of the sureties on the bond, pleaded specially that she was not liable in this action, because she signed the bond sued upon as the surety…
1Opinion of the CourtMcCLELLAN, J.
— This action is upon an injunction bond for damages alleged to have been sustained by the plaintiff, Mrs. Mollie M. Cofer, in consequence of the suing out of an injunction. One item of damage is thus stated in the complaint: “And plaintiff avers that she has been greatly damaged by reason of suing out said injunction by being put to a great deal of trouble, inconvenience and expense in defending the injunction in order to dissolve the same; * * * an¿[ employing counsel in such suit in dissolving said injunction, to-wit., one hundred dollars.” There was really no evidence offered in support…
2Cases cited9 opinions
- Butts v. BroughtonSupreme Court of Alabama · 1882
- Jevne & Almini v. OsgoodIllinois Supreme Court · 1870
- Scott v. WareSupreme Court of Alabama · 1880
- Johnston v. RiddleSupreme Court of Alabama · 1881
- Daniel v. CokerSupreme Court of Alabama · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Felkner v. WinninghamSupreme Court of Oklahoma · 1915
- Kemp v. DonovanAlabama Court of Appeals · 1919
- Oklahoma Cotton Growers' Ass'n v. HoovenSupreme Court of Oklahoma · 1928
- Hale v. HelmsAlabama Court of Appeals · 1919
- Sams v. SamsSupreme Court of Alabama · 1942