Browner v. Davis

Citations

• 15 Cal. 9

Syllabus

<p>On an injunction bond given to plaintiff and others, as obligees, plaintiff alone may sue, if the property on which the injunction operated was his sole property, and the injury his alone, the complaint averring these facts.</p> <p>Nominal damages are presumed to follow as a conclusion of law, from proof of the breach of a contract.</p> <p>In an action on such bond, no demand for payment of unliquidated damages need ■ be made on the parties for whom the sureties—that is, the obligors—stipulated.</p> <p>Where judgment is entered, against “the defendants,” some of whom were not sued, though their names appeared as defendants by a mistake of the Clerk in entitling the cause, the error may be corrected in the Supreme Court, or the Court below, on motion.</p> <p>Complaint filed against M. and D. and H. and L., sureties. Complaint amended and H. and L. only named defendants, and on this complaint the issue was found and the cause tried. Held, that this operated as a discontinuance, as to M. and D; and that, although the judgment runs as against “ said defendants ” —the verdict and judgment being entitled B. (plaintiff) v. M. et al—still the judgment must be referred to the issue, is of no effect against M. and D., and may be modified, as a clerical misprision, in the Supreme Court.</p>