City of Tacoma v. Sperry & Hutchinson Co.

Citations

• 82 Wash. 393
• 144 P. 544
• 1914 Wash. LEXIS 1536

Syllabus

<p>Injunction — Bonds — Liability on Dissolution — “Wrongfully Sued Out”' — Matters Occurring Subsequent to Action — Judgment— Bar. Where an action for injunction in the Federal court was dismissed, on a plea of estoppel by reason of an adverse decision in an action in the state courts between the same parties, the effect of the dismissal is that the injunction was wrongfully sued out, and liability therefor arises on the injunction bond; and it is immaterial that the estoppel arose subsequent to the institution of that suit; since the matters arising subsequently had a direct bearing upon the merits of the suit; the judgment in the state court being a bar between the parties and conclusive upon courts of concurrent jurisdiction.</p> <p>Same — Bonds—Wrongfully Sued Out — Good Faith — Justification. The fact that ordinances authorizing the collection of license fees for the use of trading stamps had been held void in the Federal courts, does not justify the simultaneous prosecution of an action in both state and Federal courts for an injunction to restrain enforcement of such an ordinance, or show that the application in the Federal court was in good faith, where the action was first brought in the state court.</p> <p>Same — Bonds—Condition—Damages—Measure. In an action to restrain the enforcement of an ordinance for the collection of license fees for the use of trading stamps, an injunction bond, conditioned to pay all damages that may accrue to the city by the issuance or continuance of the order, not exceeding $1,000, entitles the city to collect the amount of the bond, where they were prevented from collecting forty-two license fees from various parties using trading stamps, aggregating more than the amount of the bond; and it is immaterial that the city had never before collected from these people.</p> <p>Interest — On Bonds — When Accrues. In an action on an injunction bond, the plaintiff may recover the amount of the bond, with interest from the time the actio