Legal Opinion

Kimm v. Steketee

Michigan Supreme Court

Decided November 9, 1880PublishedCited by 4 opinions

Error to Superior Court of Grand Rapids. Debt on bond. Plaintiffs bring error.

1Opinion of the CourtMarston, C. J.

Where a court of competent jurisdiction allows an injunction'upon condition that complainants execute a bond to defendants, conditioned to pay any damages they might sustain by reason thereof, and the bill is subsequently dismissed for want of jurisdiction, is the bond so given absolutely void % Such is the question presented in this case, and we must answer that in our opinion the bond is valid.

It is optional with the complainants to give the bond or not. By giving it they put the law in motion and enjoin the defendants from farther prosecuting their business, thus necessarily causing them…

2Cited by4 opinions

  1. National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
  2. Healy v. NewtonMichigan Supreme Court · 1893
  3. Local 755, International Brotherhood of Electrical Workers v. Country Club East, Inc.Supreme Court of North Carolina · 1973
  4. Kraft v. GoldsteinOhio Court of Appeals · 1931

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