State Ex Rel. Bush v. Carden

Lively, Judge:

Plaintiff sought, by notice of motion for judgment, to recover on a bond given by defendants in an injunction suit (Carden v. Bush, 109 W. Va. 655; 155 S. E. 914) ánd con ditioned upon defendants’ paying “all damages that may be sustained by any person by reason of the granting of the said injunction.” The trial court sustained defendants’ motion to strike out plaintiff’s evidence and directed a verdict favorable to defendants.

Before discussing the errors alleged by plaintiff, we first answer defendants’ inquiry as to whether an action on an injunction bond may be summarily…