Dowling v. Polack

Citations

• 18 Cal. 625
• 1861 Cal. LEXIS 254

Syllabus

<p>A judgment dismissing a suit, in which a temporary injunction had been granted, for want of prosecution, amounts to a determination by the Court that the injunction was improperly granted, and after such judgment, suit lies upon the injunction bond.</p> <p>Such judgment is, in effect, a final judgment in favor of defendant; and, although it may not preclude the plaintiff from bringing a new suit, still for all purposes connected with the proceedings in the particular action, the rights of the parties are affected by it in the same manner as if there had been an adjudica^ tion upon the merits.</p> <p>The grounds of the injunction cannot be inquired into in suit upon an injunction bond. The Court in which the injunction suit is tried must determine whether the injunction was properly or improperly issued; and after such determination, and not before, does an action lie on the bond.</p> <p>Gelston v. Whitesides (3 Cal. 309) overruled.</p>