Berkey Farmers' Mutual Telephone Co. v. Sylvania Home Telephone Co.

Citations

• 97 Ohio St. (N.S.) 67

Syllabus

<p>Injunction — Dismissal of proceeding — Res ad judicata and conclusive— Subsequent action on bond — -Counts of appeals— Review confined to record — Substantial justice — Section 11364, General Code.</p> <p>1. In an action' for damages against the principal and sureties on an injunction bond, required by Section 11882, General Code, the dismissal of the petition in the injunction proceeding and the dissolution of the injunction are conclusive evidence that the injunction ought not to have been granted.</p> <p>2. In such an action, in the absence of fraud or collusion, the defendants are concluded by the judgment in the injunction proceeding and cannot reopen the questions which were the subject-matter of that proceeding.</p> <p>3. The court of appeals in reviewing a judgment of a common pleas court is confined to a consideration of the record presented to it and cannot, under the provisions of Section 11364, General Code, consider matters wholly outside the record, for the purpose of determining whether or not substantial justice has been done to the party complaining.</p>