54 Neb. 309 | Neb. | 1898
In the district court of Cass county Francis N. Gibson recovered a judgment against E. L. Reed. After the adjournment of the term of court at which this judgment was rendered Reed filed a petition to vacate the judgment. While this proceeding was pending, an execution was issued .and by the sheriff levied upon certain personal •property of Reed, — certificates of stock in a corporation, — and thereupon Reed filed in the case an application for, and obtained, an order of injunction “Enjoining the defendant [Gibson] and the sheriff of said county of Oass, in the state of Nebraska, from collecting by execution the judgment of the defendant [Gibson] against the plaintiff [Reed] obtained on the 4th day of December, A. D. 1889, and from selling on July 21, 1890, the stock of the plaintiff [Reed] in the Weeping Water Lime & Stone Company until the further order of this .court.” This injunction order was issued on July 12,' 1890, and remained in force to December 7, 1891. Reed at no time filed a bond or undertaking to supersede the judgment against him or stay the issuance of an execution thereon. To procure the order of injunction, Reed as principal, and Adams as surety, executed an undertaking or bond conditioned that they would pay to Gibson all damages which he might sustain by reason of such injunction, if it should be finally decided that such injunction ought not to have been granted. The present suit was brought by Gibson on this injunction bond and resulted in a verdict and judgment dismissing Gibson’s action, to revieAV which judgment he has filed here a petition in error.
The evidence tended to show that while the injunction order was in force the personal property which Gibson had caused to be levied upon depreciated in value; that at the time the injunction order Avas issued Reed had a large amount of real estate in said Oass county upon which such judgment was a lien, and between the date of the injunction order and the date of its dissolution such
ReVMKSJBD AND KEMANDKD.