Mitchell v. Sullivan
Supreme Court of Kansas
Error from Greenwood District Court. April 7, 1882, Sullivan obtained from the judge of the district court, at chambers, a temporary injunction restraining Mitchell from proceeding further with the construction of a certain school house in District No. 85, in Greenwood county. On the 4th of May following, Sullivan, at his costs and before answer, dismissed the action in which the foregoing injunction was granted, and without prejudice to a future action.
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Error from Greenwood District Court. April 7, 1882, Sullivan obtained from the judge of the district court, at chambers, a temporary injunction restraining Mitchell from proceeding further with the construction of a certain school house in District No. 85, in Greenwood county. On the 4th of May following, Sullivan, at his costs and before answer, dismissed the action in which the foregoing injunction was granted, and without prejudice to a future action. Thereafter Mitchell brought an action against Sullivan and his sureties, on the undertaking executed to obtain the injunction aforesaid. At…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action upon an undertaking executed by the defendant to obtain a temporary injunction. The district court sustained a demurrer to the petition, upon the ground that, as the case in which the temporary injunction was granted was dismissed before answer at the costs of the plaintiff therein, and without prejudice to a future action, it had not been finally decided that the injunction ought not to have been granted, and therefore that the petition did not state facts sufficient to constitute a cause of action.
The ruling of the…
2Cases cited5 opinions
- Marbourg v. SmithSupreme Court of Kansas · 1873
- Dowling v. PolackCalifornia Supreme Court · 1861
- Loomis v. BrownNew York Supreme Court · 1853
- Cunningham v. WhiteThe Superior Court of New York City · 1873
- Shearman v. New-York Central MillsNew York Supreme Court · 1855
3Cited by15 opinions
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- Tullock v. MulvaneSupreme Court of Kansas · 1900
- Renaud Sales Co. v. DavisCourt of Appeals for the First Circuit · 1939
- Gyger v. CourtneyNebraska Supreme Court · 1900
- Miner v. KirkseySupreme Court of Kansas · 1923
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