Fowler v. Frisbie
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Solano County. The plaintiffs recovered judgment for two thousand dollars damages, and the defendants appealed. The injunction in Frisbie v. Fowler et als. was issued upon the complaint alone, and without notice. It was issued July 14th, 1864, and dissolved May 7th, 1866. No judgment in Frisbie v. Fowler et als. was offered in evidence. The other facts are stated in the opinion of the Court.
1Opinion of the Court
By the Court, Crockett, J.:
This is an action on an injunction bond, in which the undertaking is in the usual form, to wit: that the plaintiff in that action will pay to the parties enjoined such damages, not exceeding the sum named therein, as such parties may *35sustain by reason of the injunction, “if the said District Court finally decided that the said plaintiff was not entitled thereto.” On the trial it appeared that the Court entered the following order:
“In this cause it is by the Court now here ordered that the defendants’ motion to dissolve the injunction herein be and the same is hereby…
2Cited by10 opinions
- Russell v. United Pacific InsuranceCalifornia Court of Appeal · 1963
- Porter v. HopkinsCalifornia Supreme Court · 1883
- Rice v. CookCalifornia Supreme Court · 1891
- Dougherty v. DoreCalifornia Supreme Court · 1883
- Montana Mining Co. v. St. Louis Mining & Milling Co.Montana Supreme Court · 1897
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