Dougal v. Eby
Idaho Supreme Court
APPEAL from District Court in and for Bingham County. Honorable J. M. Stevens, Judge. From an order dissolving a temporary injunction and directing judgment for costs and damages against the sureties on the injunction bond, plaintiff and his sureties appealed. The facts are stated in the opinion. The court erred in not considering the affidavits filed on behalf of appellant herein, upon the hearing to dissolve said temporary injunction.
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APPEAL from District Court in and for Bingham County. Honorable J. M. Stevens, Judge. From an order dissolving a temporary injunction and directing judgment for costs and damages against the sureties on the injunction bond, plaintiff and his sureties appealed. The facts are stated in the opinion. The court erred in not considering the affidavits filed on behalf of appellant herein, upon the hearing to dissolve said temporary injunction. (Rev. Stats. 1887, sec. 4295; Falkenburg v. Lucy, 35 Cal. 52, 95 Am. Dee. 76.) We claim that the court erred in dissolving the temporary injunction on the…
1Opinion of the CourtAilshie, J.
— On the 1st of June, 1905, the plaintiff, who is appellant in this court, commenced an action against James S. Eby, as constable, and others, and on the filing of the complaint procured a temporary injunction against the defendants in any manner selling or disposing of certain property. On the seventh day of the same month the defendants filed a general demurrer to the complaint, and at the same time gave notice of motion to dissolve the injunction. The motion to dissolve the injunction was made on the pleadings and files in the action and affidavit of D. H. Clyne, one of the defendants;”…
2Cases cited15 opinions
- Russell v. FarleySupreme Court of the United States · 1882
- Asevado v. OrrCalifornia Supreme Court · 1893
- Cohn v. LehmanSupreme Court of Missouri · 1887
- Price v. GriceIdaho Supreme Court · 1904
- Brown v. Galena Mining & Smelting Co.Supreme Court of Kansas · 1884
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3Cited by8 opinions
- Hay v. HayIdaho Supreme Court · 1924
- Higgins v. AdelsonNebraska Supreme Court · 1936
- Unity Light & Power Company v. City of BurleyIdaho Supreme Court · 1961
- Blandy v. Modern Box Manufacturing Co.Idaho Supreme Court · 1925
- Libby v. Spokane Valley Land & Water Co.Idaho Supreme Court · 1908
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