Leslie v. Brown
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the District of Kentucky. This suit was begun by filing the following petition: The phr'.itiff, James Harvey Leslie, says that at the June term, 1893, of the circuit court of the United States for the district of Kentucky, held at Frankfort, the plaintiff duly recovered against one M. Schamberg judgment for the sum of forty-six hundred and sixty-seven dollars ($4,067), with interest thereon from' the 3d day of February,…
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In Error to the Circuit Court of the United States for the District of Kentucky. This suit was begun by filing the following petition: The phr'.itiff, James Harvey Leslie, says that at the June term, 1893, of the circuit court of the United States for the district of Kentucky, held at Frankfort, the plaintiff duly recovered against one M. Schamberg judgment for the sum of forty-six hundred and sixty-seven dollars ($4,067), with interest thereon from' the 3d day of February, 1891, and thereafter execution was duly issued upon said judgment, and, while the same was alive and in full force and…
1Opinion of the CourtTaft, Circuit Judge
(after stating the facts). It is settled by the cases of Russell v. Farley, 105 U. S. 433, and Meyers v. Block, 120 U. S. 207, 7 Sup. Ct. 525, that the court which grants an injunction, and takes an injunction bond, to save the defendant from loss caused thereby, may, in an ancillary proceeding, summarily enforce this bond against the sureties; but in such a proceeding, at least when the amount of recovery is uncertain, the sureties must have notice and their day in court before the amount of damage is fixed against them. The amount of recovery under this bond was not certain.
We have no doubt…
2Cases cited4 opinions
- Russell v. FarleySupreme Court of the United States · 1882
- Meyers v. BlockSupreme Court of the United States · 1887
- Bein v. HeathSupreme Court of the United States · 1852
- Merryfield v. JonesU.S. Circuit Court for the District of Massachusetts · 1855
3Cited by16 opinions
- Thompson v. Standard Oil Co. of New JerseyCourt of Appeals for the Fourth Circuit · 1933
- Kirker v. OwingsCourt of Appeals for the Sixth Circuit · 1899
- State ex rel. Attorney General v. FrostWisconsin Supreme Court · 1902
- Files v. DavisU.S. Circuit Court for the District of Eastern Arkansas · 1902
- Mississippi Valley Fuel Co. v. Watson Coal Co.Court of Appeals for the Seventh Circuit · 1912
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