McWilliams v. Morgan

It is objected, that there is a variance between the bond declared on in this case, and that read in evidence. But, inasmuch as the judgment of the circuit court must be reversed on another ground, and as the declaration can be amended before another trial, if one should be had, we shall not discuss this question.

A fatal objection is, however, urged to the judgment. The bond upon which suit is brought contains this condition: If appellants “shall pay or cause to be paid to Morgan all such costs and damages as shall be awarded against complainants in case said injunction shall be dissolvéd,…