UNITED STATES F. & G. CO. v. INTERNATIONAL BROTHERHOOD

6 Div. 638.

115 So.2d 42 (1959)

UNITED STATES FIDELITY AND GUARANTY COMPANY v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN & HELPERS OF AMERICA, LOCAL NO. 612.

Court of Appeals of Alabama.

October 13, 1959.


Attorney(s) appearing for the Case

S. Palmer Keith, Jr., Birmingham, for appellant.

Corretti & Newsom, Birmingham, and Hawkins & Rhea, Gadsden, for appellee.


PRICE, Judge.

Plaintiff sued to recover damages for the breach of the condition of an injunction bond, made by the defendant, conditioned as required by statute, "to pay all damages and costs which any person may sustain by the suing out of such injunction, if the same is dissolved." The complaint alleges that the injunction was dissolved.

The defendant pleaded the general issue, in short by consent, etc. The cause was tried by the court, without the intervention...

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