Kelly v. Myrick

McAvoy, J.:

The order here allowed the entry of judgment for $5,225 damages against plaintiff after an assessment before a referee of the amount of such damage as had accrued because of the issuance of an injunction against defendant. The suit finally terminated in behalf of defendant. The amount of the bond filed on the injunction order ex parte was but $200; the amount of the bond required on the litigated order was fixed at $5,000; the bond in this amount was never furnished. There is no authority for the entry of a judgment such as this order directs. Sections 894, 895 and 896 of the Civil…