Dunkin v. Lawrence
New York Supreme Court
In Equity. Upon filing the bill in this cause, the plaintiff", with two sureties, executed a bond to the defendant, in the penalty of $800, conditioned to pay such damages as he might sustain by reason of the injunction to be issued in this causo, if the court should eventually decide that the plaintiff was not equitably entitled to such injunction; such damages to be ascertained by a reference to a master, or otherwise, as the chancellor or vice chancellor having…
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In Equity. Upon filing the bill in this cause, the plaintiff", with two sureties, executed a bond to the defendant, in the penalty of $800, conditioned to pay such damages as he might sustain by reason of the injunction to be issued in this causo, if the court should eventually decide that the plaintiff was not equitably entitled to such injunction; such damages to be ascertained by a reference to a master, or otherwise, as the chancellor or vice chancellor having jurisdiction of the cause in which such injunction issued should direct. The injunction issued upon the filing of this bond, was…
1Opinion of the CourtHarris, J.
I am not aware that any decision has been made by the chancellor, which determines when a party is at liberty to apply for a reference under the provisions of the 31st rule of the late court of chancery, which corresponds in its provisions with the 21st rule in equity of this court. It was my impression, upon the argument of the motion, that the proper construction of the rule would not allow a reference until the *448cause had been finally disposed of upon the merits. I still think this the construction which ought to be adopted, where the injunction has been dissolved upon the coming in of the…
2Cited by3 opinions
- Brown v. Galena Mining & Smelting Co.Supreme Court of Kansas · 1884
- Weeks v. SouthwickNew York Supreme Court · 1855
- Brown v. Galena Mining & Smelting Co.Supreme Court of Kansas · 1884