Manlove v. Vick
Mississippi Supreme Court
Error to the Circuit Court of Warren Countjn Hon. Upton M. Young, Judge. The defendant below, who is' also the defendant in error, filed a demurrer to the plaintiffs’ declaration, which ivas sustained, and to the judgment thereon the plaintiffs sued out a writ of error. The nature of the action is stated in the opinion of the court.
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Error to the Circuit Court of Warren Countjn Hon. Upton M. Young, Judge. The defendant below, who is' also the defendant in error, filed a demurrer to the plaintiffs’ declaration, which ivas sustained, and to the judgment thereon the plaintiffs sued out a writ of error. The nature of the action is stated in the opinion of the court. Does the law requiring bond in an injunction suit create a liability which may be enforced in an action on the case, or is the remedy limited to the bond? If the statute, in requiring the bond for damages, has made the failure to maintain the inj unction a legal…
1Opinion of the CourtChalmers, J.
This is an action on- the case, seeking to recover damages •alleged to have been sustained by the wrongful issuance of an injunction writ. There is no allegation in the declaration that the injunction was either maliciously sued out, or that It was without probable cause. It is only averred to have been issued “wrongfully, and without any sufficient cause or reason.”
It is Avell settled, both at common law and under statutory provisions requiring the giving of bonds as conditions precedent to obtaining certain statutory writs, that no action can be maintained against the party issuing the…
2Cases cited3 opinions
- Gorton v. BrownIllinois Supreme Court · 1862
- Cox v. Taylor's AdministratorCourt of Appeals of Kentucky · 1849
- McKellar v. CouchSupreme Court of Alabama · 1859
3Cited by9 opinions
- Asevado v. OrrCalifornia Supreme Court · 1893
- Glen Jean, Lower Loup & D. R. v. Kanawha, Glen Jean & E. R.West Virginia Supreme Court · 1900
- Hubble v. ColeSupreme Court of Virginia · 1891
- Pyott Land & Mining Co. v. TarwaterTennessee Supreme Court · 1912
- Harless v. Consumers' Gas Trust Co.Indiana Court of Appeals · 1896
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