Kinkead v. Benton

• Decision Date: 27 June 1887
• Docket Number: 1,249.
• Citation: 14 P. 294,19 Nev. 437
• Parties: KINKEAD and others v. BENTON and others.
• Court: Nevada Supreme Court

14 P. 294

19 Nev. 437

KINKEAD and others v. BENTON and others.

No. 1,249.

Supreme Court of Nevada

June 27, 1887

Appeal from district court, Ormsby county.

W. E F. Deal, for appellants.

C. J Varian and T. Coffin, for respondents.

BELKNAP J.

This action is brought to recover from the defendants as obligers upon a statutory undertaking given in consideration of the issuance of an injunction. A demurrer to the complaint, both general and special, was interposed and sustained. Plaintiffs declined to amend, and judgment was entered against them. The complaint alleges "that the said plaintiff John H Kinkead was the governor of the state of Nevada from the first Monday of January, 1879, to the first Monday of January, 1883; that said plaintiff J. F. Hallock was, for the same period, comptroller of said state, and that said plaintiff L. L. Crockett was, for the same period, treasurer of said state; that on the fourth day of May, 1881, in an action brought by Jacob Klein against said plaintiffs, as such governor, comptroller, and treasurer, in the district court of the Second judicial district of the state of Nevada in and for the county of Ormsby, an injunction issued out of said last-named court, and was served on said plaintiffs, as such officers, enjoining and restraining them from taking any moneys from the state school fund of said state of Nevada for the purpose of constructing or furnishing any buildings to be used as an asylum for the insane, or for providing plans therefor, and enjoining and restraining the plaintiff J. F. Hallock, as such comptroller, from drawing any warrants against the fund created by the act of the legislature of the state of Nevada entitled ' An act to provide for taking care of the insane of the state of Nevada,' approved February 24, 1881, and enjoining and restraining said plaintiff L. L. Crockett, as state treasurer, from paying any such warrants, and enjoining and restraining said plaintiffs, as such officers, from signing, countersigning, or depositing in the state school fund or the state treasury any of the four per cent. bonds mentioned in said act, and enjoining and restraining them, as such officers; from doing any act whatsoever in and about the premises."

The condition of the obligation is that the plaintiff will pay to the parties enjoined such damages, not exceeding the sum of $500, as they may sustain by reason of the injunction, if the court finally...