McIlvoy v. McIlvoy's
McIlvoy v. McIlvoy's
Opinion of the Court
delivered the Opinion of the Court,
As there was but one order for an injunction in this case, .. - . . .. , . , . . . the Circuit Judge erréd m dissolving the injunction twice, and in giving two distinct and separate decrees for ten ° c A par cent damages.
As the statute which directs a decree for damages on the dissolution of an injunction against a “judgment” has been construed not to apply to injunctions against decrees, and, as it was a replevin bond given in satisfaction of a decree for money which was enjoined in this case, the counsel for the plaintiff in error insists, that no decree for damages was proper.
But we entertain a different opinion. A replevin bond, whether given in discharge of a decree or a judgment, has equally the essential attributes of a judgment. , ihe replevin bond merged and discharged the decree as effectually as a formal judgment in aii action of debt on the decree would have done; and, in the case of Fawcet et al. v. Pendleton; 5 Litt. Rep. 136, this Court decided that, on the dissolution of an injunction restraining the enforcement of a sale bond, it was proper to decree ten per cent damages, because such a bond bad wthé force and effect of a judgment,”
We are, therefore, of the opinion that the decree for damages on one dissolution wrould be proper in this case.
As we perceive no other error, the decree, in other respects, is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.