Fowler v. Frisbie

Citations

• 37 Cal. 34

Syllabus

<p>Suit on Injunction Bond.—An order made by the Court, dissolving an injunction, without assigning the grounds on which the dissolution was granted, is, primo, facie, an adjudication that the plaintiff was not entitled to the injunction, and sufficient to enable him to maintain an action on the injunction bond.</p> <p>Parties Plaintiff in Suit on Injunction Bond.—If several parties are severally in possession of and cultivating in separate parcels a tract of land, and are sued jointly in ejectment to recover possession of tho whole tract, and an injunction is obtained restraining them jointly from taking off the crops, those parties cannot maintain a joint action for damages on the injunction bond, provided their damages are not joint. They can maintain a joint action for such damages only as aro joint, such as attorney’s fees.</p> <p>Action on Injunction Bond for Several Damages.—The fact that the plaintiff brings a joint action against several persons as trespassers, and obtains an injunction against them jointly, does not estop him, in an action brought against him on the injunction bond, from showing that the damages were several, and from claiming that they cannot maintain a joint action for several damages.</p>