Pacific Railroad v. Burger

There does not appear in the record any final judgment, and, therefore, no appeal lies in the case. The suit was a *579proceeding for injunction brought by respondent against the appellant. After the coming in of the answer, the plaintiff’s bill was dismissed and the injunction dissolved; and thereupon the appellant filed his motion for an assessment of the damages occasioned by the injunction. A jury was called who assessed the damages at five thousand dollars, and judgment was rendered by the court on the verdict against the respondent and Peter E. Blow, who was security in the injunction bond.…