Brown v. Jones
Nevada Supreme Court
Appeal from the District Court of the Third Judicial District, Washoe County. The complaint sets forth that on July 24th, 1868, the plaintiffs, J. Brown and J. Hamilton, were the owners and in the possession of three hundred and fifty cords of wood, worth one thousand two hundred dollars, on a wood ranch in Washoe County; that on that day one J. S. Peck commenced an action against them, and procured an injunction to be issued out of the Third District Court, restraining them…
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Appeal from the District Court of the Third Judicial District, Washoe County. The complaint sets forth that on July 24th, 1868, the plaintiffs, J. Brown and J. Hamilton, were the owners and in the possession of three hundred and fifty cords of wood, worth one thousand two hundred dollars, on a wood ranch in Washoe County; that on that day one J. S. Peck commenced an action against them, and procured an injunction to be issued out of the Third District Court, restraining them from removing the wood, to which writ they yielded due obedience; that in said action an injunction bond was given in…
1Opinion of the Court
By the Court,
WHITMAN, J.:
This action is upon an injunction bond for one thousand dollars. It appears that the original injunction was modified in a very important particular, which, to that extent, was a decision that the writ was so far improperly granted, so respondents were entitled to their action, but their complaint presents several counts for damage which could not properly be considered under the terms of 'the bond, which is the ordinary statutory undertaking.
The District Judge was not sufficiently particular in instructing the jury, and allowed them to consider some items of alleged…
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- Underhill v. SpencerSupreme Court of Kansas · 1881
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