Lindsay v. Flint
GEORGIANA LINDSAY v. EDWARD P. FLINT, JAMES P. FLINT, JOHN BERTRAM and D. HALE HASKELL
- Area
- civil
- Panel
- Heydeneeldt (author), William J. Murray, Jr.
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion — Heydeneeldt
Mr. Justice Heydeneeldt delivered the opinion of the Court.
Mr. Ch. J. Murray concurred.
We cannot sanction the position taken by respondent’s counsel, to the effect that because the plaintiffs in the former suit filed the injunction bond, that they were therefore parties to it, without signing it. I know of no case in which in an action upon a bond or written undertaking, there can be constructive parties jointly liable with the proper obligors. • The demurrer should have been sustained.
Judgment reversed, and cause remanded.
Cited by
- Asevado v. Orr No. 18139 · 1893-11-10