Heyman & Co. v. Landers
California Supreme Court
Appeal from the Sixth District, County of Sacramento. This was an action to recover damages for the wrongful issuance of an injunction or restraining order. The facts, as detailed by the opinion of the Court, are as follows : On the third of November, 1856, the plaintiffs brought suit against one Arronson, of Sacramento, to recover the sum of ten thousand and one hundred dollars, and issued an attachment and levied upon his property.
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Appeal from the Sixth District, County of Sacramento. This was an action to recover damages for the wrongful issuance of an injunction or restraining order. The facts, as detailed by the opinion of the Court, are as follows : On the third of November, 1856, the plaintiffs brought suit against one Arronson, of Sacramento, to recover the sum of ten thousand and one hundred dollars, and issued an attachment and levied upon his property. On the same day, but subsequent to the levy of the attachment of the plaintiffs, several other creditors of Arronson commenced suits against him, and caused…
1Opinion of the CourtField, J.
The appellants makes the following points : First. That the restraining order was void, because made before the complaint in the suit of the creditors was filed; Second. That the Court has never decided that the plaintiffs in that suit were not entitled to the restraining order; and, Third. If the defendants are liable upon the undertaking, the rule of damages must be the legal interest of ten per cent, a year upon the money in Court.
The first point is untenable. The order could only take effect upon the filing of the complaint, and the bond or undertaking required, and it was unnecessary to…
2Cases cited1 opinion
- Jackson v. Superior CourtCalifornia Supreme Court · 1937
3Cited by13 opinions
- Labbitt v. BunstonMontana Supreme Court · 1927
- Gray v. American Surety Co. of New YorkCalifornia Court of Appeal · 1954
- Hartford v. All Night and Day BankCalifornia Supreme Court · 1915
- Ex parte SayreSupreme Court of Alabama · 1891
- Gillie v. FlemingIndiana Supreme Court · 1922
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