Legal Opinion

May v. Walter Bros.

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 2 opinions

Appeal from the Circuit Court of Montgomery. Tried before the Hon. Jno. P. Hubbard. This action was brought by James T. May, against Walter Brothers and others, and was founded on an injunction bond.

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Appeal from the Circuit Court of Montgomery. Tried before the Hon. Jno. P. Hubbard. This action was brought by James T. May, against Walter Brothers and others, and was founded on an injunction bond. The bond sued on, the record and proceedings in the injunction suit, and the proceedings in the other suit therein referred to, were read in evidence without objection; and this being all the evidence, except as to the amount of counsel fees paid by plaintiff, the court charged the jury that they nnlst find for the defendants, if they believed the evidence; and this charge, to which the plaintiff…

1Opinion of the CourtClopton, J.

— The action, which is brought by appellant, is founded on a bond given by appellees to obtain a writ of injunction, restraining appellant from prosecuting an action at law in the Circuit Court, and a suit pending in the Chancery Court. The condition of the bond is, if the appellees shall pay “all damages which any person may sustain by the suing out of the injunction, if the same *439is dissolved,” then the obligation to be void. The complaint avers tbat tlie injunction was dissolved before the commencement of the action.

The suit in equity was a bill, filed by appellant to enforce a vendor’s…

2Cited by2 opinions

  1. United States Fidelity & Guaranty Co. v. International Brotherhood of Teamsters, Local No. 612Alabama Court of Appeals · 1959
  2. Gray v. South & North Ala. R. R.Supreme Court of Alabama · 1909

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