Walker v. Walker
Walker v. Walker
Opinion of the Court
Opinion by
This is a suit on an injunction bond. The order of injunction •granted appellee, James Walker, Sr:, in his injunction suit against the appellant, described by metes and bounds the land that he was restrained, from the commission of trespass or waste upon. And as this is a suit upon the injunction bond executed in that suit, the security in the injunction bond is certainly not responsible for any damage which was not the legitimate result of the injunction in the action.
Appellant has sued on the injunction bond and can only recover such damage as resulted to him from the order of injunction granted him by the court, and the subsequent litigation in the injunction suit.
• But we are of opinion that the court erred to appellant’s prejudice in its peremptory instructions to the jury. By his amended pleading
Wherefore the judgment is reversed and cause remanded for further proceedings consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.