Mulvane v. Tullock
Supreme Court of Kansas
Error from Shawnee Circuit Court. Hon. J. B. Johnson, Judge. This was an action by Joab Mulvane against A. J. Tullock and W. M. D. Lee upon an injunction bond. No service was had upon Lee, and the case proceeded to trial and judgment against Tullock alone. The case was tried by the court without a jury, and when the plaintiff’s evidence was closed Tullock demurred thereto, and, without other testimony, the matter was submitted to the court.
Read the full summary
Error from Shawnee Circuit Court. Hon. J. B. Johnson, Judge. This was an action by Joab Mulvane against A. J. Tullock and W. M. D. Lee upon an injunction bond. No service was had upon Lee, and the case proceeded to trial and judgment against Tullock alone. The case was tried by the court without a jury, and when the plaintiff’s evidence was closed Tullock demurred thereto, and, without other testimony, the matter was submitted to the court. Upon the testimony, the following findings of fact and conclusions of law were made : FINDINGS OF FACT. “1. The court finds that upon the eighteenth day…
1Opinion of the CourtJohnston, J.
The measure of damages recoverable upon the injunction bond is the principal subject of dispute between the parties. According to the provi*632sions of the bond in question, the obligors bind themselves to the defendants in the injunction proceeding for the payment of “ all damages which they or either of them have already sustained, or may at any time sustain, by reason of the granting or issuing of said restraining order or the granting and issuing of said temporary injunction,” etc. Does this provision of the bond entitle the obligee to counsel fees necessarily expended in resisting and…
2Cases cited7 opinions
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Meyers v. BlockSupreme Court of the United States · 1887
- Mitchell v. HawleyCalifornia Supreme Court · 1889
- Corcoran v. . JudsonNew York Court of Appeals · 1861
- Underhill v. SpencerSupreme Court of Kansas · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tullock v. MulvaneSupreme Court of Kansas · 1900
- Janssen v. ShownCourt of Appeals for the Ninth Circuit · 1931
- Miner v. KirkseySupreme Court of Kansas · 1923
- Harlow v. MasonSupreme Court of Kansas · 1916
- Harvey v. MajorsSupreme Court of Kansas · 1930
3 more not listed; retrieve them via the Exa API.