§ 1. Injunction bonds are an ordinary though not an invariable accompaniment of this form of equitable interposition. (a) And an injunction order is not operative until the (a) The practice on this subject is various in the different States. In Pennsylvania, courts are bound to require the security provided for in the act of May 6th, 1844, before issuing any injunction, or an order in the nature thereof. Erie, &c. v. Casey, 26 Penn. 287. In South Carolina, except where the application for an injunction is for stay of proceedings in an action, a commissioner has no authority to require a bond or other security. Fant v. Martin, 10 Rich. 428. In Maryland, where, upon a suit in equity for an injunction, the answers have come in, and they show on their face a case for a perpetual injunction, and the continuance of the injunction is not dependent upon a question of law or fact to be subsequently established, it is unnecessary to require an injunction bond. Alexander v. Ghiselin, 5 Gill, 138. Under the Georgia amendatory act of 1842, an injunction may be granted by the judges of the superior courts upon such terms as in their discretion the case may require. They may dispense with security altogether, provided the party, against whom the injunction is to operate, do not need it for his protection. Guerry v. Durham, 11 Geo. 9. In Louisiana, where executory proceedings are enjoined on the allegations of fraud and payment, supported by affidavit, an injunction bond is not required. Corner v. Zuntz, 14 La. An., 861. written undertaking, required by statute, is given.1 One restrained by an injunction from doing a lawful act may recover damages for any injury that he has suffered, in a suit on the injunction bond, if in the usual form." § 2. Where a void injunction has been obtained, the bond given to obtain it is not void. But a bond is void for want of authority in the commissioner." 3. Where the judge, in an order granting an injunction, neglects to state the amount of the bond as required by statute, he may amend his fiat, either before or after the execution of the bond, and it is error to dissolve the injunction for that cause.3 4. Security in other form than that of a bond is sometimes required as the condition of an injunction. In a late case in Vermont, the court remarks: "It was formerly the practice in England, and perhaps is at the present time, to order the party on whose application an injunction is granted, when the court require the damages to be paid, if any are sustained, to order such party to pay a sum of money into court, out of which the damages will be paid if in the course of the subsequent proceeding the orator shall be adjudged liable therefor, but in such case before payment can be made out of such fund, the court must proceed to ascertain the Elliott v. Osborne, 1 Cal. 396. 2 Cain v. McGuire, 13 B. Mon. 340. Stevenson v. Miller, 2 Litt. 306. 4 Fant v. Martin, 10 Rich. 428. 5 Dickenson v. McDermott, 13 Tex. 248. But the court has no power, upon granting an interlocutory injunction to stay proceedings at law for a money demand, to dispense with the security required by the statute. Hunt v. Smith, 1 Rich. Ch. 277. In California, whether or not the statute gives the chancellor power to require a bond on the issuance of a temporary injunction, yet he has power to order one as a matter in furtherance of the objects of the litigation and the protection of the subject matter thereof. If there was a suit pending, the chancellor had authority to order the injunction and the bond. Prader v. Purkett, 13 Cal. 588. amount of the damage which the party is to pay, and order its payment." § 5. In New York, upon a bill for an injunction to restrain a sale of the property of the plaintiff, taken on execution against a stranger, a deposit or security by the plaintiff is not required by the statute, though the injunction master may require it in a proper case; and, if a deposit is made, the defendant, the execution creditor, cannot take it out of court, upon giving security for repayment in case the plaintiff should succeed in the suit. In the same State, upon application for an injunction against a judgment on the ground of usury, the applicant will not be allowed to give bond, instead of bringing the amount of the judgment into court, as directed by the statute, unless he will consent to waive the forfeiture, and pay the amount justly due. The provisions of the Revised Statutes on this subject were not repealed by the Code of 1848. An injunction to stay an execution will be set aside, where it was issued without a deposit and boud, or an order of court prescribing a bond in lieu of the deposit to be given. To authorize the court in dispensing with the deposit and boud, there must have been, on the part of the plaintiff, such a fraud as the substitution of one paper for another, a false statement, &c. § 5 a. In Wisconsin, the Rev. Sts., c. 84, by their true construction, require in all cases where an injunction is granted, to stay proceedings at law in personal actions, a deposit of the sum for which judgment was rendered, and the execution of a bond to the plaintiff in such sum as the officer allowing the injunction shall direct, conditioned for the payment of such damages and costs as may be awarded at the final hearing of the cause, or a bond in lieu of the deposit in addition to the one last above mentioned, 1 Per Pierpoint, J., Sturgis v. Knapp, 33 Verm. 520. Hegeman v. Wilson, 8 Paige, 29. 3 Gee v. Southworth, 10 Paige, 297. 4 Cook v. Dickerson, 2 Sandf. 691. 2. Batel or a bond conditioned for the payment of the judgment, and also for the payment of the damages and costs.1 § 6. In Maryland, where a party applying for an injunction against a suit at law admits that he owes a balance, the court may require such balance to be brought into court, to be paid accordingly. So an injunction, to restrain a suit upon promissory notes given for the purchase-money of land, will not be granted without an injunction bond; and, if injunction be claimed upon the ground that the vendee has paid taxes on the land which the vendor was bound to pay, the bill should state how much will remain due after deducting the taxes, and the balance should be brought into court to be paid to the vendor.3 § 7. By the practice of the third (United States) Circuit, no money penalty is inserted in an injunction." § 8. Where the security given for obtaining an injunction is not sufficient, further security will be ordered. And, in general, where an injunction issues without bond, the defendants may petition for an order of court requiring a bond to be given by a reasonable period, or, on default, to have the injunction dissolved. So, in New York, if the officer granting an injunction neglects to take the bond required by the rules, application may be made to the court for relief." But a failure to give bond and security, prior to the granting of an injunction, is no cause for dismissing a bill. § 9. In Maryland, the mere delivery to the clerk of an injunction bond does not import its acceptance and approval by the court. If, however, the bond remains where it should be if accepted, and the parties act under it, these circumstances are evidence of its acceptance by the proper authority. Cooper v. Tappan, 4 Wis. 362. See Dungey v. Angove, 3 Bro. Ch. 36. 2 Flickinger v. Hull, 5 Gill, 60. 3 Reynolds v. Howard, 3 Md. Ch. Decis. 331. Low v. Hauel, Wallace, Jr. 345. 6 Moredock v. Williams, 1 Overton, 325. 6 Alexander v. Ghiselin, 5 Gill,138. 7 Cayuga, &c. v. Magee, 2 Paige, 116. Querry v. Durham, 11 Geo. 9. After overruling a prayer, affirming that acceptance by the court was necessary to an injunction bond, it is error in the court to rule, that signing, sealing, and delivery were sufficient for such bond. Otherwise, if the latter ruling stood alone, since then counsel might have asked the court to rule that delivery included acceptance. Under the act of 1723, ch. 8, § 5, application for an injunction bond must be made to the county court, and that court must approve the bond. But it does not appear what is then to be done with such bond, nor is there any provision for recording it. It would seem, however, that it was intended to remain in the clerk's office as a supersedeas to further proceedings. It is not necessary to an injunction that a bond be filed with the bill. Such a bond need not be filed till ordered by the court.2 § 10. In New York, it is irregular to file an injunction bond before it is proved and acknowledged.3 § 11. The filing of an injunction bond, and consequent issue of the writ on the same day, are regarded as concurrent acts, and a recital in the bond, that the obligors "have obtained" such writ, will be interpreted in the present tense, and held to refer to the writ actually issued.* § 12. In Kentucky, an injunction awarded to enjoin a judgment at law, with a direction that the bond shall be as the law directs, is sufficiently explicit; but in other cases the order itself ought to direct what kind of a bond shall be taken. (See § 19.) § 13. Conditions in an injunction bond, not required by statute, or broader than those provided by statute, and rendering the bond insensible, are held to be surplusage. Thus, in a recent case, a statute provided that writs of injunction might be issued upon filing a bond "to respond to all dam 1 Burgess 2 Negro Charles v. Sheriff, 12 Md. v. Lloyd, 7 Md. 178. 274. v. 4 Wallis v. Dilley, 7 Md. 237. Stevenson v. Miller, 2 Litt. 306. 6 Johnson v. Vaughan, 9 B. Mon. American Life 217; Gully v. Gully, 1 Hawks, 23. Harrington |