From Casetext: Smarter Legal Research

Strickland v. Griz Corp.

Supreme Court of Nevada
May 28, 1976
92 Nev. 322 (Nev. 1976)
Download
PDF
Check
Treatment

Summary

holding that where the statute requires a bond, the bond "must be exacted or the order will be absolutely void"

Summary of this case from Hemmer v. Barger
See 2 Summaries

Opinion

No. 8826

May 28, 1976

Appeal from the First Judicial District Court, Carson City; Frank B. Gregory, J.

Kenneth J. Jordan, Carson City, for Appellant.

David Mathews, Reno, for Respondent.

OPINION

Per Curiam:

On November 18, 1974, the First Judicial District Court entered an order issuing a preliminary injunction against Stephen Strickland, without providing for, or requiring, a bond to be posted.

Strickland has appealed, contending Nevada law compels us to reverse. We agree.

NRCP 65(c) provides, in part, that "[n]o restraining order or preliminary injunction shall issue except upon the giving of security by the applicant, . . ."

"Where a bond is required by statute before the issuance of an injunction, it must be exacted or the order will be absolutely void." Shelton v. District Court, 64 Nev. 487, 494, 185 P.2d 320, 323-324 (1947).

Reversed.

Mr. Justice Mowbray did not participate in the consideration and resolution of this appeal.

Summaries of

Strickland v. Griz Corp.

Supreme Court of Nevada
May 28, 1976
92 Nev. 322 (Nev. 1976)

holding that where the statute requires a bond, the bond "must be exacted or the order will be absolutely void"

Summary of this case from Hemmer v. Barger

In Strickland v. Griz Corp., 92 Nev. 322, 323, 549 P.2d 1406, 1407 (1976), this court held that "`[w]here a bond is required by statute before the issuance of an injunction, it must be exacted or the order will be absolutely void.'"

Summary of this case from Dangberg Holdings. v. Douglas Co.
Case details for

Strickland v. Griz Corp.

Case Details

Full title:STEPHEN STRICKLAND, APPELLANT, v. GRIZ CORP., A NEVADA CORPORATION, DOING…

Court:Supreme Court of Nevada

Date published: May 28, 1976

Citations

92 Nev. 322 (Nev. 1976)
549 P.2d 1406

Citing Cases

Yasol v. Greenhill

Here, the preliminary injunction was certainly a valid order, but, at the time the Greenhills filed their…

Hemmer v. Barger

As a matter of law, an injunction is void if not supported by a bond. See NRCP 65(c) ("No restraining order…

5 Citing Cases