Tyson v. Norwood
Supreme Court of Alabama
Appeal from Montgomery City Court. Heard before Hon. William II. Thomas. Action by Silas Tyson, as trustee, against Joseph Nor-wood and others, on an injunction bond. From a judgment for defendants, plaintiff appeals. The action was upon an injunction bond made pursuant to an order of the city court of Montgomery in an equity suit wherein Norwood was complainant and Tyson, as trustee, was respondent.
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Appeal from Montgomery City Court. Heard before Hon. William II. Thomas. Action by Silas Tyson, as trustee, against Joseph Nor-wood and others, on an injunction bond. From a judgment for defendants, plaintiff appeals. The action was upon an injunction bond made pursuant to an order of the city court of Montgomery in an equity suit wherein Norwood was complainant and Tyson, as trustee, was respondent. The complaint alleges dissolution of the injunction and the failure of the complainant to pay the attorney’s fees incurred in defending said injunction suit and procuring a dissolution thereof.…
1Opinion of the CourtAnderson, J.
The bond sued on in the case at bar was given under section 788 of the Code of 1896 (section 4517, Code 1907). Said section provides for the payment of such costs or damages as any person may sustain by the suing out of such injunction, if the same is “dissolved” So the question here is: Was the injunction dissolved? It is true the judge of the city court dissolved same; but immediately thereafter the defendant in the case at bar, the then complainant, took an appeal, under the authority of section 428 of the Code of 1896, a supersedeas bond was given under rule 87 of the Code of 1896 (rule…
2Cases cited2 opinions
- Jesse French Piano & Organ Co. v. PorterSupreme Court of Alabama · 1901
- Gray v. South & North Ala. R. R.Supreme Court of Alabama · 1909
3Cited by2 opinions
- Miller v. WoodSupreme Court of Alabama · 1952
- United States Fidelity & Guaranty Co. v. International Brotherhood of Teamsters, Local No. 612Alabama Court of Appeals · 1959