Hughes v. Joseph

On May 7, 1959, a bond in the sum of $3,000 was filed pursuant to an order of this court which restrained the defendant from practicing opthalmic dispensing in the City of Syracuse during the pendency of this action. No appeal was ever filed from said order, nor did the defendant apply, while the said restraining order was in effect, to appropriately increase the sum fixed in the undertaking on the ground it was insufficient. On July 6,1960, an order was made vacating the temporary restraining order. The defendant now claims that while the said restraining order was in effect and prior to the…