Hooper

Hooper v. Patterson

Good Law
1893 Cal. LEXIS 1020·3 Cal. Unrep. 811·32 P. 514
Supreme Court of CaliforniaFebruary 25, 1893No. 14,394California914 words

Opinion

Lead Opinion

Vanclief, J.

Action upon two injunction bonds to recover $5,000 damages alleged to have been sustained by plaintiff’s intestate, by reason of the injunctions. The plaintiff had judgment for $500, with interest thereon from February 29, 1884 (the date of filing original complaint), until the date of judgment, May 4, 1889, and costs, taxed at $188.20. The defendants appeal from the judgment, and from an order denying their motion for a new trial. The appeal from the judgment should be dismissed, as it was not taken until September 23, 1891—more than two years after the entry of the judgment.

*812 The two injunction bonds were given in the same action. The first injunction having been dissolved on demurrer to the complaint, the second, to the same effect, was granted upon an amended complaint and a second bond. A demurrer to the amended complaint, upon which the second injunction was issued, was also sustained, and thereupon final judgment, dismissing the complaint and dissolving the injunction, was rendered. Prom this judgment, an appeal was taken, whereupon the judgment and order dissolving the injunction were affirmed: See Hall v. Thiesen, 61 Cal. 525 , 527. The injunction restrained…

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