Brown v. Galena Mining & Smelting Co.
Supreme Court of Kansas
Error from Bourbon District Court. The opinion states the nature of the action, and the material facts. Trial at the September Term, 1883, and judgment for costs against Brown and another, plaintiffs. They bring the case to this court.
1Concurrence
"Valentine, J.:
I concur in the decision of this case with some doubt. Section 242 of the civil code provides that when an injunction is granted it may have operation when an undertaking is given “to secure to the party injured the damages he may sustain if it be finally decided that the injunction ought not to have been granted.” The decision in this case is to the effect that where a temporary injunction has been granted and a proper undertaking given, and the injunction afterward dissolved, that still it has not been “finally decided that the injunction ought not to have been granted,” and…
2Cases cited9 opinions
- Dowling v. PolackCalifornia Supreme Court · 1861
- Penny v. HolbergMississippi Supreme Court · 1876
- Bemis v. GannettNebraska Supreme Court · 1879
- Gray v. VeirsCourt of Appeals of Maryland · 1870
- Weeks v. SouthwickNew York Supreme Court · 1855
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