Stone v. Cason ( 1854 )

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.