Maytham v. Parker

This is a motion made on the part of the defendant for an order directing a reference or a writ of inquiry to ascertain the damages sustained by the, defendant by reason of an injunction granted in the cause on the 26th day of June, 1912.

The plaintiff insists that, as no judgment has been rendered and entered in this action finally terminating the action, the motion for reference is premature.

There appears to be no authority precisely in point. *401Notwithstanding the language of the undertaking, “ if the court finally decides that the plaintiff is not entitled, thereto,” it is well settled that…