M. Blatt Company v. Southwell

Although defendant’s motion is made under G.S. 1-497 for judgment against plaintiff and the surety on its undertaking or bond, the undertaking or bond is not in the record. Whether for $2,500.00 or $500.00, it is assumed the bond was drafted in accordance with G.S. 1-496. Defendant’s motion for judgment thereon alleges the bond was “conditioned that said plaintiff would pay to the party enjoined such damages as he might sustain by reason of said injunction if the Court should finally decide that the plaintiff was not entitled thereto.”

Section 341 of the Code of 1883 as amended by Chapter 251…