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MEYERS V. BLOCK, 120 U. S. 206 (1887)

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U.S. Supreme Court

Meyers v. Block, 120 U.S. 206 (1887)

Meyers v. Block, 120 U.S. 206 (1887)

Argued December 15-16, 1886

Decided January 31, 1887

120 U.S. 206


An injunction bond in an action in the District Court of the United States for the District of Louisiana conditioned that the obligors "will well and truly pay the" obligee,

"defendant in said injunction, all such damages as he may recover against us in case it should be decided that the said writ of injunction was wrongfully issued,"

which bond was made under an order of court, "that the injunction be maintained on the complaining creditors giving bond and security to save the parties harmless from the effects of said injunction" is a sufficient compliance with the order of the court, and when construed with reference to the rule prevailing in the federal courts (contrary to that prevailing in the state courts of Louisiana) that without a bond and in the absence of malice, no damages can be recovered in such case, means that the obligors will pay such damages as the obligee may recover against them in a suit on the bond itself, whether incurred before or after the giving of the bond.

Bein v. Heath, 12 How. 168, distinguished.

These were actions at law in a state court of Louisiana against the obligors on an injunction bond given in an action brought in the District Court of the United States for the District of Louisiana. Judgments for plaintiff, which were affirmed by the supreme court of the state on appeal. Defendants sued out these writs of error. The facts which make the federal question are stated in the opinion of the Court. chanroblesvirtualawlibrary

Page 120 U. S. 207

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