Shackelford v. Smith

Mississippi Supreme Court
Shackelford v. Smith, 61 Miss. 5 (Miss. 1883)
Cooper

Shackelford v. Smith

Opinion of the Court

Cooper, J.,

delivered the opinion of the court.

' By the final decree rendered in the Chancery Court in the injunction proceeding it was expressly provided that the injunction should be continued until the defendant Shackelford should redeliver to the complainant Smith, or to his attorney of record, á certain note which Shackelford had received from Smith, or the receipt therefor of the attorney to whom it had been transmitted for collection. The delivery of the note or receipt was a condition precedent to the dissolution of the injunction, and the dissolution of the injunction was in turn a condition precedent to an action by the plaintiff herein on the injunction bond executed by the defendants. It is affirmatively shown that neither the note nor the receipt of the attorney has been delivered as required by the decree and this is conclusive of the present suit.

Judgment affirmed.

Reference

Full Case Name
S. D. Shackelford v. W. W. Smith
Status
Published
Syllabus
Injunction Bond. Suit for damages. Condition precedent. Where tbe final decree in a proceeding to enjoin a sale under a deed of trust provides tliat tbe injunction shall be continued until a collateral security held by the cestui que trust is delivered to the complainant, no suit can be sustained on the bond until this condition is performed although the decree declares that the injunction is dissolved and remits the parties to the law court to settle the question of damages.