Blakeney v. Ferguson
Supreme Court of Arkansas
Appeal from the Circuit Court of Pulaski county. 1. The third breach is good, and the demurrer having been sustained to the whole declaration, the judgment must be reversed. 7 Eng. 725; 6 Blackf. 192; 2 Ala. 425. 2. The first and second breaches are good, because according to the real design and scope of an injunction bond, all damages occasioned by the injunction may be recovered by the party injured, whether technically adjudged or not.
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Appeal from the Circuit Court of Pulaski county. 1. The third breach is good, and the demurrer having been sustained to the whole declaration, the judgment must be reversed. 7 Eng. 725; 6 Blackf. 192; 2 Ala. 425. 2. The first and second breaches are good, because according to the real design and scope of an injunction bond, all damages occasioned by the injunction may be recovered by the party injured, whether technically adjudged or not. Digest 593. Blakeney being entitled to the possession of the tract of land, was entitled by way of damages to the rents and profits during the time he was…
1Opinion of the CourtJustice Hanly
This was an action of debt, by the intestate of the appellant, against the appellees, in the Pulaski Circuit Court, to the December term, 1854, on an injunction bond executed by them, and others not sued, the condition of which, after reciting that a portion of the appellees had applied for and obtained an injunction in a certain chancery cause pending in the Pulaski Circuit Court, against appellant’s intestate, continues that “ now if the said complainants shall well and truly abide the decision which may be made in this cause, and pay all sums of money that may be adjudged against them, if…
2Cases cited1 opinion
- Edwards v. BodineNew York Court of Chancery · 1844
3Cited by5 opinions
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- Hart v. HamraSupreme Court of Oklahoma · 1923
- McCracken v. StateNevada Supreme Court · 1917
- Neal v. TaylorSupreme Court of Arkansas · 1892
- Western Surety Co. v. GatesSupreme Court of Arkansas · 1973