Reddick v. Webb, Collins and Kirby
Supreme Court of Oklahoma
Terror from the District Court of Paine County; before Frank Dale, District Judge. STATEMENT OF PACTS. This is an action upon an injunction bond, brought by plaintiff in error against defendants in error, for damages alleged to have been sustained by reason of the wrongful issuance and service of a temporary order of mandatory injunction.
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Terror from the District Court of Paine County; before Frank Dale, District Judge. STATEMENT OF PACTS. This is an action upon an injunction bond, brought by plaintiff in error against defendants in error, for damages alleged to have been sustained by reason of the wrongful issuance and service of a temporary order of mandatory injunction. The bond, which is set out in full in plaintiffs amended petition, omitting the caption and justification of sureties, is as follows: “Whereas John T. Webb, the above named plaintiff, has commenced an action of injunction against said defendant and an order…
1Opinion of the Court
Opinion of the court by
Keaton, J.:
After a careful and somewhat extended consideration of the question involved in this case and an examination of such authorities as could be found bearing thereon, I have, with some degree of doubt and hesitation, finally arrived at the conclusion that tms court cannot say the district court erred in sustaining the demurrer to the plaintiff’s amended petition. Our statutes provide that “the injunction may be granted at the time of commencing the action, or any time afterwards, * * upon its appearing satisfactory to the court or judge, by the affidavit of the…
2Cases cited4 opinions
- Czezewzka v. Benton-Bellefontaine Railway Co.Supreme Court of Missouri · 1894
- Fox v. HudsonSupreme Court of Kansas · 1878
- J. Thompson & Sons Manufacturing Co. v. Perkins & SonSupreme Court of Iowa · 1896
- Carroll v. SwiftIndiana Court of Appeals · 1894
3Cited by7 opinions
- Emmerson v. BotkinSupreme Court of Oklahoma · 1910
- McClintock v. ParishSupreme Court of Oklahoma · 1919
- Hartford Fire Ins. Co. v. SmithSupreme Court of Oklahoma · 1929
- Dougal v. EbyIdaho Supreme Court · 1906
- Gibson Oil Co. v. KelleySupreme Court of Oklahoma · 1934
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