City of Clay Center v. Williamson

Citations

• 79 Kan. 485
• 100 P. 59
• 1909 Kan. LEXIS 220

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages—Action on Injunction Bond. In an action on an' injunction bond only those damages which are the direct and proximate result of the injunction are recoverable.</p> <p>2. -Remote—Injunction—Sale of Municipal Bonds. Where a temporary injunction restrains a city from issuing or disposing of certain bonds for the purpose of erecting and equipping an electric lighting plant, damages alleged to have been caused by the increased cost of machinery and building material during the time the injunction remained in force are too remote and can not be recovered.</p> <p>3. -- Enjoining Sale of Bonds—Depreciation in Value. In such an action, where it is alleged that during the pendency of the injunction the market value of the specific bonds depreciated, the difference between the market value of the bonds at the time the injunction was granted and their market value at the time the injunction was dissolved is a proper element of damages, for the reason that the loss occasioned by the depreciation is the direct and proximate result of the injunction.</p> <p>4. Injunction—Indemnity Bond—Action by the State. Section 242 of the code of civil procedure, which provides that no injunction shall operate until the party obtaining the same shall give an undertaking, has no application to suits brought by or on behalf of the state in the exercise of its sovereignty.</p> <p>j5. - Same. Injunction being an equitable remedy, -it,is within the power of the court to provide that it shall not issue until the party applying for the same shall give an undertaking to indemnify the defendant from loss or damage occasioned thereby, and this power extends to cases brought by or on behalf of the state.</p> <p>6. - Same. Where a temporary injunction is granted by the district court in a suit brought by the state on the relation of the attorney-general, which is afterward dissolved, and on the application of the state the supreme court grants an order continuing