Opinion

State ex rel. v. Purcell

  • 31 W. Va. 44
  • 5 S.E. 301
  • 1888 W. Va. LEXIS 23
Court
West Virginia Supreme Court
Filed
Feb 18, 1888
Status
Published
Author
Green
On the bench
Green, Johnson, Pkesident, Sntder, Woods
Cited by
13 cases

"In an action on an injunction bond brought by the relator to recover damages upon the dissolution of the injunction, where none have been awarded to him by the decree dissolving the same, the declaration must specify the particular injuries complained of occasioning such damages, with such clearness and distinctness of statement, that they may be understood by the party who is to answer the same.” (emphasis added)

How later courts described this case

  • "In an action on an injunction bond brought by the relator to recover damages upon the dissolution of the injunction, where none have been awarded to him by the decree dissolving the same, the declaration must specify the particular injuries complained of occasioning such damages, with such clearness and distinctness of statement, that they may be understood by the party who is to answer the same.” (emphasis added)

Written by the judges who cited it.

The opinion

Green, Judge,

concurring:

It seems to me in this case the words “all damages as may be awarded” in the order of the court granting the injunction must be interpreted as “all damages as may be sustained,” if we would give any meaning whatever to this part of the injunction order. It must be so interpreted, as in such a chancery suit as this injunction order was entered in, the court could not'under the law award any damages. In this case the damages sustained would include the loss of the plaintiff’s debt of $1,145.26, decreed in his favor against Edward Purcell in this injunction cause. This being the case, I do not see that it is necessary in this case to decide the question whether the addition to the condition required by the injunction order which appears in the injunction bond that “Edward Purcell shall pay and satisfy any decree or order that may be awarded against him” is to be regarded as surplusage only, or as binding on the obligors on this bond. Eor in either case the responsibilities of the obligors would be the same in this case, that is, it would be the penalty of the bond. I think, therefore, that as this is a very important legal question, and it is unnecessary to decide it in this case, it should be left undecided till some case comes before us that requires its decision. I concur in all other respects in Judge Woods’s opinion,

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.