Donahue v. Johnson

The opinion of the court was delivered by

Stiles, J.

— This is an action for damages upon an injunction bond. The principal point in the case, and the one upon which the non-suit was granted, grew out of the fact that appellant, in attempting to show the termination of the injunction, offered in evidence a judgment, which the court held not to be a final judgment in the cause, and therefore not the proper basis for a suit upon the injunction bond. The complaint in this case alleged that at a certain time the plaintiff was the owner and in possession of a certain mining claim, and was…