Alexander v. Gish
Court of Appeals of Kentucky
Case 2 — PETITION ORDINARY — APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. When bond is executed and injunction obtained in a State court and the action transferred to the United States Court, where tho injunction is dissolved and the petition dismissed, the obligees in the bond may recover thereon in the State court.
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Case 2 — PETITION ORDINARY — APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. When bond is executed and injunction obtained in a State court and the action transferred to the United States Court, where tho injunction is dissolved and the petition dismissed, the obligees in the bond may recover thereon in the State court. (Revised Statutes of U. S., section 64G.) 2. In order to entitle the obligees in tho bond to recover, it is not necessary that the United States Court should have assessed the damages. (Civil Code, section 295; Crawford v. Woodsworth, 9 Bush, 745; Logsdon v. Willis, 14 Bush,…
1Opinion of the Court
CHIEE JUSTICE LEWIS
delivered the opihtoh op the court.
March 18, 1878, an act was passed “to authorize' the county of Muhlenburg to compromise and fund its outstanding bonded indebtedness, issue bonds, and levy and collect taxes to pay same.”
The indebtedness referred to therein was created by a subscription on behalf of the county of four hundred thousand dollars to the capital stock of the Elizabethtown and Paducah Railroad Company; and, by reason of a failure to promptly and regularly meet the accruing interest on the bonds, the indebtedness had, when the act was passed, become so onerous as…
2Cases cited3 opinions
- Pugh's adm'r v. WhiteCourt of Appeals of Kentucky · 1879
- Logsden v. WillisCourt of Appeals of Kentucky · 1878
- Rankin v. EstesCourt of Appeals of Kentucky · 1877
3Cited by13 opinions
- Young v. FitchCourt of Appeals of Kentucky · 1918
- Black v. Elkhorn Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1930
- Maryland Casualty Company v. MarshallCourt of Appeals of Kentucky (pre-1976) · 1928
- Powers v. Fidelity & Deposit Co.Superior Court of Delaware · 1945
- Strong v. DuffCourt of Appeals of Kentucky (pre-1976) · 1929
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