Dougherty v. Dore
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. Action upon an undertaking for an injunction. The complaint was filed March 19, 1879. The action in which the injunction was obtained was commenced in 1870, and on the 1st of October, 1870, the court vacated the order previously made granting an injunction.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco. Action upon an undertaking for an injunction. The complaint was filed March 19, 1879. The action in which the injunction was obtained was commenced in 1870, and on the 1st of October, 1870, the court vacated the order previously made granting an injunction. The cause was afterwards tried, and on the 12th of March, 1877, a final judgment was entered therein in favor of the defendant—the plaintiff in this action— from which no appeal was taken. The other facts appear in the opinion of the court.
1Per curiam
In Clark v. Clayton, 61 Cal. 634, we held that an action brought upon an undertaking for an injunction after the dissolution of the injunction, but before the final determination of the action in which the injunction ivas obtained, was prematurely brought. There are several reported cases Avhich sustain that doctrine. (Gray v. Veirs, 33 Md. 159; Penny v. Holberg, 53 Miss. 567; Bemis v. Gannett, 8 Neb. 236.)
In Dowling v. Polack, 18 Cal, 625, this precise question was not involved,, but the court in its opinion indicates very clearly that its vieAvs upon this question Avere in accord Avith the…
2Cases cited9 opinions
- Riddlesbarger v. McDanielSupreme Court of Missouri · 1866
- Clark v. ClaytonCalifornia Supreme Court · 1882
- Penny v. HolbergMississippi Supreme Court · 1876
- Bemis v. GannettNebraska Supreme Court · 1879
- Meysenburg v. SchlieperSupreme Court of Missouri · 1871
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lambert v. HaskellCalifornia Supreme Court · 1889
- Dore v. DoughertyCalifornia Supreme Court · 1887
- Powers v. Fidelity & Deposit Co.Superior Court of Delaware · 1945
- Dougal v. EbyIdaho Supreme Court · 1906
- Casitas Investment Co. v. Charles L. Harney, Inc.California Court of Appeal · 1962
4 more not listed; retrieve them via the Exa API.