Legal Opinion

Clark v. Clayton

California Supreme Court

Decided November 1, 1882No. 7,425PublishedCited by 13 opinions

Appeal by plaintiff from the judgment of the Superior Court of the City and County of San Francisco. Evans, J. Action upon an undertaking for injunction.

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Appeal by plaintiff from the judgment of the Superior Court of the City and County of San Francisco. Evans, J. Action upon an undertaking for injunction. The plaintiff’s bill of exceptions shows the following facts: On the thirtieth day of January, 1872, an action was brought by John Nichol against John W. Littlefield and others, in the Fifteenth District Court, to enjoin them from the commission of certain acts, and on the execution of the undertaking sued on in this action a preliminary injunction was granted. The undertaking obligated the defendants to pay to the parties enjoined such…

1Opinion of the Court

The Court:

In this cause we are of opinion that the action was prematurely brought, and the nonsuit was properly granted.

Judgment affirmed.

2Cited by13 opinions

  1. Lambert v. HaskellCalifornia Supreme Court · 1889
  2. Cohn v. LehmanSupreme Court of Missouri · 1887
  3. Dougherty v. DoreCalifornia Supreme Court · 1883
  4. Dougal v. EbyIdaho Supreme Court · 1906
  5. Browne v. Edwards & McCullough Lumber Co.Nebraska Supreme Court · 1895

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