Legal Opinion

Webber v. Wilcox

California Supreme Court

Decided July 1, 1873No. 3,085PublishedCited by 7 opinions

Appeal from the District Court of the Sixth Judicial District, County of Sacramentq. The plaintiffs had judgment for damages in a suit against sureties on an injunction bond, and the defendants appealed. The facts are stated in the opinion.

1Opinion of the Court

By the Court:

The plaintiff, in the action of Saunders v. Webber, obtained a temporary injunction and executed the undertaking in suit, and on the hearing of the cause the District Court, by its decree, ordered that, the injunction be made perpetual. On appeal to this Court, the decree was reversed and the cause was remanded for a new trial, and afterwards the cause 'was dismissed by the District Court, for want of prosecution. The condition of the undertaking is that the makers will pay “ such damages * * * as such parties may sustain by reason of such injunction, if said Court finally…

2Cited by7 opinions

  1. Sheward v. Citizens' Water Co.California Supreme Court · 1891
  2. Peoples Ditch Co. v. Foothill Irrigation DistrictCalifornia Court of Appeal · 1930
  3. Moore v. LachmundOregon Supreme Court · 1911
  4. Robinson v. Fidelity & Deposit Co.California Court of Appeal · 1935
  5. State v. FriedmanWest Virginia Supreme Court · 1914

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