Fowler v. Taylor

The defendant having prevailed in the action against her, the question now is as to the interpretation of the order for a cash bond by the plaintiff when he procured a temporary order restraining the defendant from foreclosing the mortgage held by her. The order so far as material, provided merely “this temporary injunction to become effective upon deposit of the sum of Three Hundred Dollars with the Clerk of said Court, to be held by said Clerk as cash bond.” The plaintiff argues in effect that since there was no written bond providing for the payment of “all loss, cost, damage or expense”…