Woodbury v. Bowman

Baldwin, J. concurring.

This was an action upon an injunction bond; plaintiff recovered judgment below, and defendants appeal.

The first point taken by Appellant is, that the Court below rejected evidence offered by defendants to prove that the right to the injunction was not finally decided at the commencement of this action. This point would be decisive of the case, if the evidence offered was sufficient to establish the pendency of the injunction at the time this suit was instituted; but upon examining the evidence offered, it is clear that it is not sufficient for this purpose.

The paper…