Babcock v. Reeves
Supreme Court of Alabama
Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Action by L. Reeves and others against H. T. Babcock. From a judgment in favor of plaintiffs, defendant appeals. The action was on an injunction bond, conditioned to pay the defendants in the injunction suit all damages and costs which any person may .sustain by the suing out of the injunction.
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Appeal from Pike Circuit Court. Heard before Hon. H. A. Pearce. Action by L. Reeves and others against H. T. Babcock. From a judgment in favor of plaintiffs, defendant appeals. The action was on an injunction bond, conditioned to pay the defendants in the injunction suit all damages and costs which any person may .sustain by the suing out of the injunction. After demurrers to the complaint were overruled,' the defendant, bv way of answer, pleaded the general issue, and specially as follows: “Former adjudication, in that said suit is based on what purports to be an injunction bond executed in…
1Opinion of the Court
ANDERSON, J. —
This suit Avas brought by all of the obligees under the bond, for the use of L. Reeves .as the party Avho had been damaged by the injunction suit. The bond provides for the payment of “all such damages and costs Av-hich any .person may sustain,’.’ is unlike thp bond in the case of Washington v. Timberlake, 74 Ala. 259, but is within the influence of the case of Smith v. Mutual, Loan & Trust Co., 102 Ala. 282, 14 South. 625, and was properly brought.
The complainant avers that the bill was dismissed, and that the injunction Avas dissolved. This was a sufficient aArerment of a…
2Cases cited4 opinions
- Washington v. TimberlakeSupreme Court of Alabama · 1883
- Zeigler v. DavidSupreme Court of Alabama · 1853
- Smith v. Mutual Loan & Trust Co.Supreme Court of Alabama · 1893
- Halsey v. MurraySupreme Court of Alabama · 1895
3Cited by6 opinions
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
- Meeske v. BaumannNebraska Supreme Court · 1932
- Town of Dadeville v. WynnAlabama Court of Appeals · 1915
- Salmon v. SalmonAlabama Court of Appeals · 1915
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