Claytor v. Anthony
Supreme Court of Virginia
These were two actions of debt in the Circuit court of Bedford county, each founded on an injunction bond, and relating to the same judgment. Some time prior to the year 1821 Pleasant Creasy, having recovered a judgment against William Trigg, sued out an execution thereon, which was levied by *the sheriff'Upon a slave named Patrick.
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These were two actions of debt in the Circuit court of Bedford county, each founded on an injunction bond, and relating to the same judgment. Some time prior to the year 1821 Pleasant Creasy, having recovered a judgment against William Trigg, sued out an execution thereon, which was levied by *the sheriff'Upon a slave named Patrick. Mark Anthony thereupon sued the sheriff John Claytor to recover damag-es for selling the said slave, he claiming the slave as his property; and he recovered a judgment in that action. Pleasant Creasy then enjoined the judgment, and executed an injunction bond with…
1Opinion of the CourtT-diiy, J.
The position taken by the counsel for the ^plaintiffs iff error, that damages are allowed by law on the dissolution of an injunction ' ohly in cases in which the injunction is obtained at the instance of a party to the judgnient enjoined, cannot, I think, be maintained. It is true, injunctions to judgments 1 are usually obtained at the suit of' parties to them, and rarely is an injunction to a judgment allowed at the instance of a third person : but the terms of the act of 1819 under which the bonds in these cases were taken are sufficiently broad to cover such an injunction. Those terms are…
2Cited by17 opinions
- Cochran v. ParisSupreme Court of Virginia · 1854
- Smith's Adm'r v. Charlton's Adm'rSupreme Court of Virginia · 1851
- Bloss v. HullWest Virginia Supreme Court · 1886
- Ragsdale v. HagySupreme Court of Virginia · 1852
- Griffith v. BirdSupreme Court of Virginia · 1872
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