1 Or. 100
Decided December 15, 1854
Oregon Supreme Court · decided 1854-12-15
Reserved from Clackamas. Cason obtained an injunction restraining Stone from running a ferry; wbicb being dissolved, Stone brought this suit on the injunctionbondfortheloss of ferriages. Cason answered that the ferry was on his land, and Stone had no license or other right to keep it, and that the ferriages would not more than have defrayed the expenses of running it.
Cited by 2 later decisions — most recently February 1945
1 district · 1 state decisions
Key passage — most relied on by later courts
““The dissolution of the injunction was a technical breach of the bond, for which nominal damages may be recovered.””
quoted by 1 later decision, including Kern v. Gentner
Good law ✅— No negative treatment on recordhow we know
Decided 1854-12-15
View the full empirical analysis of this case →
¶1The bond is conditioned to pay all costs and damages occasioned by the injunction. This must not be taken strictly by its words, but conditionally, if the injunction was improperly obtained, or should be dissolved. The dissolution of the injunction was a technical breach of the bond, for which nominal damages may be recovered. The matters set forth in the answer go to the question of damages, not to ■the right of action.
¶2Demurrer sustained.