Bush v. Kirkbride
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William'S. Anderson. This was an action brought by the appellees, Edwin B. Kirkbride, A. S. Lyons, H. T. Inge, Cary W. Butt and others, against the appellant, J. Curtis Bush, in which the plaintiffs sought to recover $250 for the breach of the conditions of an injunction bond made by the defendant on March 14, 1900, which bond was payable to plaintiffs and one Delchamps in the sum of $1,000 and conditioned for…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William'S. Anderson. This was an action brought by the appellees, Edwin B. Kirkbride, A. S. Lyons, H. T. Inge, Cary W. Butt and others, against the appellant, J. Curtis Bush, in which the plaintiffs sought to recover $250 for the breach of the conditions of an injunction bond made by the defendant on March 14, 1900, which bond was payable to plaintiffs and one Delchamps in the sum of $1,000 and conditioned for the payment of 'all damages which any person might sustain by the suing out of a certain injunction, which the said J.…
1Opinion of the Court
McCLELLAN,'-O. J.
The condition to liability -on -an injunction bond is the dissolution of the injunction. The liability on the bond when the injunction has been dissolved is for all damages and costs sustained by any person in consequence of the suing out of the writ. This liability is by no means limited in respect of costs and -charges incurred by the persons enjoined to'such as are incident to efforts to have the injunction dissolved. Those are not the only costs and -charges which approximately result from the issuance of the writ and grow out of efforts on the part of the respondents…
2Cases cited1 opinion
- Jackson v. MillspaughSupreme Court of Alabama · 1893
3Cited by8 opinions
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- National Surety Co. v. Citizens' Light, Heat & Power Co.Supreme Court of Alabama · 1918
- Pelkey v. National Surety Co.Supreme Court of Minnesota · 1919
- McGraw v. LittleSupreme Court of Alabama · 1917
- Salmon v. SalmonAlabama Court of Appeals · 1915
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