Bowman v. Hopper

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover damages for the wrongful issuance of an injunction. Plaintiff prevailed and defendants appeal.

The facts substantially are these: Plaintiffs secured a judgment *681in Morris county against J. C. Hopper and W. I. Bowman. Execution was sent to Ness county, where a levy was made on some three thousand dollars’ worth of personal property. It was advertised by the sheriff, but before the sale J. C. Hopper filed an injunction action restraining and enjoining the sale of the property. While the injunction action was…