Bustamente

Bustamente v. Stewart

Good Law
55 Cal. 115
Supreme Court of CaliforniaJuly 1, 1880No. 6,575California460 words

Opinion

lead Opinion

Eoss, J.

This is an action upon an injunction bond given in a suit brought by a certain Colony Association, as plaintiff, against these plaintiffs and others, as defendants, to recover damages for an alleged trespass upon certain lands, and praying also for the issuance of an injunction restraining the defendants from the commission of certain acts complained of. In that action the defendants were by an order of the Court enjoined from the commission of those acts. The injunction was finally dissolved, and the present plaintiffs sue to recover damages al *116 leged by them to have been sustained by the wrongful issuance of the injunction.

After trial had, the Court below found that the plaintiffs sustained no damage by reason of the restraining order, except to the extent of the payment by them of attorney’s fees in the action. The Court below also found that these fees were paid by each of the plaintiffs contributing a certain pro rata share out of his separate individual funds, and hence concluded that the plaintiffs had sustained no joint damage, and for that reason could not recover anything in this action.

It will not be necessary for us to say whether or not we agree with the lower…

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