Marengo County v. Matkin
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Hoard before tlie lion. A. IT. Alston. Tiiis action was brought by the appellants, Marengo county and one Thomas Purvis, against the appellee, Thomas D. ¿Matkin. as obligors in an injunction bond given in a cause wherein the said county and several others, not including Thomas Purvis, were the defendants.
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Appeal from Marengo Circuit Court. Hoard before tlie lion. A. IT. Alston. Tiiis action was brought by the appellants, Marengo county and one Thomas Purvis, against the appellee, Thomas D. ¿Matkin. as obligors in an injunction bond given in a cause wherein the said county and several others, not including Thomas Purvis, were the defendants. The material allegations of the complaint were, in effect, that the court of county commissioners of Marengo county, deeming it necessary to build a new court house, passed proper resolutions for that purpose and designated where it should he built. That,…
1Opinion of the CourtTyson, J.
We agree with counsel for appellants that Purvis has a right of action upon the bond if on the facts averred he has shown that he has suffered any recoverable damages.
It is true he is not named as an obligee in it, neither was he a party to the proceeding in which the writ of in*577junction was issued, but the bond is conditioned “To pay or to cause to be paid all damages and costs which any person may sustain by the suing out of said injunction if the same is dissolved.” This obligation is broad enough to confer upon him a right of action for all damages resulting to him from the direct effects…
2Cases cited6 opinions
- People Ex Rel. Morris v. . RandallNew York Court of Appeals · 1878
- Shelby v. BurtisTexas Supreme Court · 1857
- Jackson v. MillspaughSupreme Court of Alabama · 1893
- Smith v. Mutual Loan & Trust Co.Supreme Court of Alabama · 1893
- Rosser v. TimberlakeSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- City of Birmingham v. WilkinsonSupreme Court of Alabama · 1940
- Irwin v. MorrowAlabama Court of Appeals · 1922
- White v. StrongCourt of Appeals of Kentucky (pre-1976) · 1929