Ovington v. Smith

Citations

• 78 Ill. 250

Syllabus

<p>1. Injunction bond—undertaking of surety strictly construed. The undertaking of a surety on an injunction bond must be strictly construed, and he can not be held liable beyond the precise terms of his undertaking.</p> <p>2. An injunction bond was given to two parties, who were enjoined, and the condition was, that the obligors should pay to said two parties all damages that might be awarded against the complainant on the dissolution of the injunction, and the injunction was dissolved as to one of the defendants, and damages assessed in his favor against the complainant. In a suit brought on the injunction bond against the surety, to recover the amount of the damages so assessed, it was held, he was not liable, his undertaking being to pay to the two parties damages upon the dissolution of the injunction as to both of them, and not to one upon the dissolution of the injunction as to him alone.</p>