Stone v. Cason

Oregon Supreme Court

Stone v. Cason

1 Or. 100

CourtOregon Supreme Court

DecidedDecember 15, 1854

StatusPublished

Cited by2 cases

This text of 1 Or. 100 (Stone v. Cason) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Stone v. Cason, 1 Or. 100 (Or. 1854).

Pincite

Opinion

Olney, J.

The 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.

Demurrer sustained.

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Olney, J.

The 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.

Demurrer sustained.

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Bluebook (online)

1 Or. 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stone-v-cason-or-1854.

Opinion

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