Smith v. Wells
Mississippi Supreme Court
Ebbob to the circuit court of Panola county. Fishes, J. This is a suit upon an injunction bond to recover damages alleged to have been sustained by reason of the wrongful suing out of said injunction.
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Ebbob to the circuit court of Panola county. Fishes, J. This is a suit upon an injunction bond to recover damages alleged to have been sustained by reason of the wrongful suing out of said injunction. The declaration sets out the giving of the bond, and recites that, at the date of the giving thereof and the obtaining thereunder of the writ of injunction, plaintiff was prosecuting, before a justice of the peace, a summary proceeding to obtain from defendant, Smith, the possession of a piece of land, described. Said defendant obtained an injunction (upon the giving of the bond here sued on)…
1Opinion of the Court
Simball, J. :
The complainant, Isaac Smith, brought an injunction suit against the defendant, Angelina Wells, enjoining a proceeding of forcible entry and detainer, instituted by her to recover the possession of a tract of land. The injunction was dismissed, and thereupon Mrs. Wells sued Smith and his sureties on the injunction bond.
The premises, by means of the injunction, were withheld from Mrs. Wells for a year. It was in evidence that their use for the year was worth $500, which was the amount of damages awarded by the jury. It is assigned for error that the circuit court excluded from the…
2Cases cited2 opinions
- Edwards v. EdwardsIllinois Supreme Court · 1863
- Fleming v. BaileyMississippi Supreme Court · 1870
3Cited by2 opinions
- Sullivan v. WinerMissouri Court of Appeals · 1957
- Hutchins v. MunnDistrict of Columbia Court of Appeals · 1906