Neal v. Taylor
Supreme Court of Arkansas
Appeal from Washington Circuit Court. Suit upon an injunction bond, brought by B. C. Neal against John P. Moore and Jerry M. Taylor, his surety. The bond given by Moore to obtain the restraining order was as follows : “ John P. Moore, Plaintiff, vs. B. C. Neal, J. C. Massie and James Burkett, Defendants.
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Appeal from Washington Circuit Court. Suit upon an injunction bond, brought by B. C. Neal against John P. Moore and Jerry M. Taylor, his surety. The bond given by Moore to obtain the restraining order was as follows : “ John P. Moore, Plaintiff, vs. B. C. Neal, J. C. Massie and James Burkett, Defendants. “We undertake that the plaintiff, John P. Moore, shall pay to the defendants ’the damages, not exceeding two hundred and fifty dollars, which they, or either of them, may sustain by reason of the injunction in this action if it is finally decided that said injunction ought not to have been…
1Opinion of the CourtCockrlrr, C. J.
The only liability assumed by the obligors, in the injunction bond sued on, was that they would pay to the party enjoined the damages which he might sustain by a wrongful injunction. There is no stipulation to pay the amount of the judgment enjoined, in case the injunction should be dissolved. The only way in which the obligee in the bond could bring the payment of his judgment within the terms of the bond would be to prove that he had lost the opportunity to collect it by reason of the injunction. It may be that in that event the full amount of the judgment could be assessed as damages…
2Cases cited6 opinions
- Russell v. FarleySupreme Court of the United States · 1882
- Blakeney v. FergusonSupreme Court of Arkansas · 1857
- Crawford v. WoodworthCourt of Appeals of Kentucky · 1873
- Ashby v. TuremanCourt of Appeals of Kentucky · 1823
- Hunt v. BurtonSupreme Court of Arkansas · 1856
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