Cage v. Cassidy - 64 U.S. 109 (1859)


U.S. Supreme Court

Cage v. Cassidy, 64 U.S. 23 How. 109 109 (1859)

Cage v. Cassidy

64 U.S. (23 How.) 109

Syllabus

Where the surety upon an administration bond was sued, and judgment recovered against him in Mississippi, and a court in Tennessee where the principals upon the bond resided decided that but a small amount was due by the administrators upon their account, and that the judgment against the surety had been obtained in defiance of an injunction issued by the Tennessee court, and also by fraudulent representations made to the surety, and it was admitted that the decree in Tennessee was supported by the proofs, the surety was entitled to relief by the court in Mississippi, and the creditor must be perpetually enjoined from proceeding upon his judgment.

This was a bill filed by Robert H. Cage, in his lifetime, to stay execution on a forthcoming bond under the circumstances stated in the opinion of the Court.

The circuit court granted a temporary injunction in the outset of the case, but upon the final decree adjudged that the injunction be dissolved, and that Cassidy be permitted to sue out executions at law upon the judgments of the court, then restrained by injunction.

From this decree the complainant appealed to this Court.

Page 64 U. S. 113



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