Hayden's Adm'r v. Phillips' Adm'r
Court of Appeals of Kentucky
Case 1 — PETITION EQUITY APPEAL FROM NELSON CIRCUIT COURT. 1. On the dissolution of an injunction to stay the execution of a judgment there must be an assessment of damages by the court in order to; authorize a recovery on the injunction bond.
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Case 1 — PETITION EQUITY APPEAL FROM NELSON CIRCUIT COURT. 1. On the dissolution of an injunction to stay the execution of a judgment there must be an assessment of damages by the court in order to; authorize a recovery on the injunction bond. (Oivil Code, sec. 295 Crawford v. Woodworth, 9 Bush, 747; Rankin v. Estes, 13 Bush, 428; Logsden v. Willis, 14 Bush, 183.) 2. If there can be any recovery on the bond, it is limited to the time when the temporary injunction was made perpetual by final judgment of the lower court. (Reading v. Davis, 6 Ky. Law Rep., 661; New Nat. Turnpike v. Dulaney, 8…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellee’s intestate obtained a judgment against Joseph. Queen for the recovery of the possession of a house and lot. The said Queen instituted an action against the intestate and sheriff, who had the writ of possession in his hands for execution, to enjoin them from proceeding to enforce the judgment. A temporary injunction, upon the execution of a bond with the appellant’s intestate as surety, was granted, enjoining the appellee’s intestate from proceeding to execute the writ of possession until the further orders of the court. The bond…
2Cases cited3 opinions
- Logsden v. WillisCourt of Appeals of Kentucky · 1878
- Rankin v. EstesCourt of Appeals of Kentucky · 1877
- Crawford v. WoodworthCourt of Appeals of Kentucky · 1873
3Cited by2 opinions
- Webster v. MajorIndiana Court of Appeals · 1904
- Mason, Gooch & Hoge Co. v. Mechanics' Lien & Trust Co.Court of Appeals of Kentucky · 1904