Parker v. Bond
Montana Supreme Court
Appeal from First District, Madison County. This action was commenced by Adam H. Van Brocklin and Thomas Mallett to recover damages upon an injunction undertaking. Mallett died before judgment was entered, and the action was continued in the name of Van Brocklin as the surviving partner. Van Brocklin died after the entry of judgment in his favor and before the motion for a new trial had been heard.
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Appeal from First District, Madison County. This action was commenced by Adam H. Van Brocklin and Thomas Mallett to recover damages upon an injunction undertaking. Mallett died before judgment was entered, and the action was continued in the name of Van Brocklin as the surviving partner. Van Brocklin died after the entry of judgment in his favor and before the motion for a new trial had been heard. Nahum Parker was appointed administrator of the estate of said Van Brocklin, and the action was continued in his name. 1. The court erred in sustaining the motion of respondent to continue the…
1Opinion of the Court
Wade, O. J.
This is an action upon an injunction undertaking issued in the case of A. L. Fenner against Van Brocklin & Mallett, represented herein by Nahum Parker, administrator, plaintiff. The complaint alleges in substance that on the 16th day of November, 1874, in an action brought by A. L. Fenner against Van Brocklin & Mallett, a temporary restraining order was issued, and an undertaking executed by the defendants herein, in the sum of $1,000, given in favor of the defendants therein to cover any damages that might result to them in case it should be finally determined that the injunction…
2Cases cited7 opinions
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- Wilson v. DavisMontana Supreme Court · 1870
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