Legal Opinion

Rankin v. Estes

Court of Appeals of Kentucky

Decided November 13, 1877PublishedCited by 5 opinions

Case 43 — PETITION EQUITY appeal prom estill circuit court. 1. There is a manifest distinction between injunctions to stay proceedings on judgments, and those enjoining certain other acts. (Myers’s Code, sees. 307, 308.) 2. In. a case like this the damages must necessarily be ascertained after the injunction is dissolved, and by suit on the bond.

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Case 43 — PETITION EQUITY appeal prom estill circuit court. 1. There is a manifest distinction between injunctions to stay proceedings on judgments, and those enjoining certain other acts. (Myers’s Code, sees. 307, 308.) 2. In. a case like this the damages must necessarily be ascertained after the injunction is dissolved, and by suit on the bond. (Myers’s Code, secs. 307, 308, 325, and notes to sec. 297; Wood v. Laycock, 3 Met. 192; 6 Mon. 396, 397.) The appellant is concluded by the trial and judgment dissolving the injunction without awarding damages in his favor. It is clear that the court…

1Opinion of the Court

JUDGE ELLIOTT

delivered the opinion op the court.

This appeal is from a judgment in a suit upon an injunction-bond. It appears that some years ago the appellee Estes brought suit against appellant, in which he alleged that appellant had entered on his land and cut down his timber-trees, and cut the timber into raft-logs, and was about to run them to market; and having executed an injunction-bond, he obtained an injunction enjoining the appellant from, removing the timber already cut, and restraining any other waste, etc., to his premises.

On the trial of that suit the injunction was dissolved,…

2Cited by5 opinions

  1. Higgins v. AdelsonNebraska Supreme Court · 1936
  2. Alexander v. GishCourt of Appeals of Kentucky · 1888
  3. Greer v. StewartSupreme Court of Arkansas · 1886
  4. Hayden's Adm'r v. Phillips' Adm'rCourt of Appeals of Kentucky · 1889
  5. Love v. HarrisonCourt of Appeals of Kentucky · 1880

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