Alder v. City of Florence

The opinion of the court was delivered by

Schroeder, J.:

This is an injunction action wherein appeal has been duly perfected from an order of the trial court in ancillary proceedings designed to determine damages embraced within an injunction bond because the plaintiffs below wrongfully obtained the issuance of a restraining order against the city of Florence, Kansas.

The primary thrust of this appeal is to determine the nature of proceedings on an injunction bond.

On the 30th day of January, 1963, Mary A. Alder, John J. Alder and Harry H. Alder (plaintiffs-appellants) filed a petition in the…