Boise City v. Randall

Citations

• 8 Idaho 119
• 66 P. 938
• 1901 Ida. LEXIS 58

Syllabus

<p>Parties Plaintiff. — Where a suit is brought against the mayor and common, council of a city, and an injunction issued thereon, and thereafter the suit is dismissed by the plaintiff, an action to recover on the injunction bond may be brought in the name of the city, as it is the real party in interest.</p> <p>No Defense. — It is no defense to an aotion on an injunction bond to show that the suit in which the writ of injunction was issued was not' brought against the proper party.</p> <p>Want of Jurisdiction. — Want of jurisdiction to grant an injunction is no defense in an action on the bond.</p> <p>Employment of Special Counsel by City. — When a necessity therefor arises, and the interests of the municipality require it, the city counsel may employ special counsel.</p> <p>(Syllabus by the court.)</p>