Gelston v. Whitesides

Citations

• 3 Cal. 309

Syllabus

<p>In an action on an injunction bond, the judgment of dissolution is conclusive, and the only question is the amount of damage sustained.</p> <p>But where an injunction is dissolved, and the suit in which it issued is dismissed by the action of the party, this is no admission that the injunction was improperly sued out. In such case, to maintain an action on the bond, it must be shown that there was no proper cause for the injunction.</p>