Reeves v. Chambers
Supreme Court of Iowa
Appeal from, Guthrie Circuit Court. This is an action upon an injunction bond. It appears that the defendant R. P. Chambers brought an action against the plaintiff to enjoin him from entering upon certain laud belonging to Chambers, or from operating and opening a coal mine thereon. A temporary injunction was issued, and a bond given, which the defendant Job Chambers signed as surety.
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Appeal from, Guthrie Circuit Court. This is an action upon an injunction bond. It appears that the defendant R. P. Chambers brought an action against the plaintiff to enjoin him from entering upon certain laud belonging to Chambers, or from operating and opening a coal mine thereon. A temporary injunction was issued, and a bond given, which the defendant Job Chambers signed as surety. The injunction was dissolved, pending the action, and the-action, was afterwards tried, and tlierc was a judgment rendered for the defendant therein. This action was brought upon the injunction bond. The…
1Opinion of the CourtRothrook, J.
I. The record shows that R. P. Chambers was the principal and Job Chambers was surety in the bond in suit, and they were so considered by the court in ruling on the motion. The indebedtness set up iu the counterclaim was a personal1 claim of R. P. Chambers against the plaintiff. It was such a claim as would have been the ground of an original action in his favor against the plaintiff. He could not in such action join Job Chambers as a plaintiff therein. The question to be determined is, can he and Job Chambers set up the counter-claim as a ground for the defeat of a recovery by plaintiff upon…
2Cited by5 opinions
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