Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-08-05

sion -" The Court III expect you to produce
those authorities. Now, on that subject il Is
laid Down in this book-Hilliard on Injunction"
The Court then head from billiard on 1njunc-
tons, page 50.
So the general ebaneery rule was that the In
junction would be grated with security or
without security, according 70 the discretion of
the court. In Maryland, at as early a day as
lI23, statute was passed declaring that, in con-
sequence of the fact that the parties, Judgment
creditors, had heretofore been restrained by In
junction nom collecting their debts under their
judgments, and these injunetons were granted
without security, and the party put TO great in
convenience thereby, and risk of loss offhe debt,
that therefore, IN cases Of that Kind, the courts
practice OF Maryland in regard to this subject
grew mp first under the act of 1873; and the
act OF 1913 was almost identical in substance
with the previous act of I723. In Maryland,
from which State we derive a great portion OF
our laws, and under whose very acts of f.23 and
1888 We are practicing In this court-the
acts now in f0rce-there was no provision of law
requiring court TO exact security In a case of
injunction, in any other case except where a
party was restrained from proceeding at law to
collect the money claimed. The othe- cases were
lett to the discretion Of the court Now so much
as to the general practice of a chancery court
The exact ms of thisrule Of our own court were
of the equity rules 1t has two sections 10 il.
TIE first Is: Gan injunction to suspend the
business of a bank" That is the title. The
8 cond is: "To stay proceedings at law" Now,
u
view rule in regard TO injunctions to stay pro-
ceedings at law, but the rule overleaps the OBJ
Jeet which is set out, and L acknowledge Il at it
rtqu:ie great deal of Interpretation to enable
one TO comprehend the rule, because he sayss'ex.
cept when rule OF injunction is to stay pro-
ceedings in an ordinary suit at law, or is against
the creditors bill, If no special provision is made
by Jaw 70 inde mRiiy the defendant against in
equitable injunction, no injunction shall be
Issued, but upon the precedent condition. That
dpd m fhafr
ton might be granted without security to satisfy
the party who who was proceeding to collect his
Mr.. Phillips.-The statute, providesfor that.
The COURT am interpreting the rule Of uis-
cel has.
No injunction except in those cases where
no injunction shall be issued but upon the pre-
cedent condition that the plaintiffs execute aud
file in the cause bond with surety, or sureties,
II decreed necessary by the Justice.
THE INJuSCTIoNIsTs TO GIVE BOND.
IL n left q little doubtful, whether those words
elf deemed necessary" apply to the execution of
tne pond, OF TO the requirement of the sureties,
apply it to the latter portion of that sentence
relative to the sureties. So have come TO the
conclusion that these gentlemen ought to enter
into stipulation in this case on the terms pro-
yided here, but as 1t is discretionary with the
court whether IL will require sureties from these
gentlemen or not
Mr.. Cook We do not ask that: the men are
taxpayers" owning abundant property, and
that is all that is necessary
Z The Court.-The Court win expect them to
enter iuto stipulation in the terms that they
will answer whatever damages that defendants
may sustain. In making this order, the Court
ADDS no force to the liability they are already
nnder. They are bound that far at any rate
without q stipulation.
Mr.. Phillips-I do not know about that. That
will be a portion of the bond though.
The Comt.-Mr. Cook You have stated Won
intended no personal disrespect to the Court
but II was certainly understood in that way by
the Court. =
Mr.. COok.-Your Honor, this is the simple
point. Your Honor will remember that on yes
terday, in referring to q statement in the latter
part of my speech, You found you had misap-
pretended what stated. Whatever may have
been my exact language yesterday, what i
intended to assume was this, to wit that the
almost invariable practice in the United States
and the various States was to require security,
and for that purpose brought in the authorities
this morning; utthat ultimately, In the absence
OF the rule, there is a discretion in the court /
have never attempted Intentionally to contro-
vert On the contrary, such was the fact; but
this very rule is one of the Overwhelming
authorities that 1 intended to bring in this
mol ming.
The Court.-The only one.
Mr.. COok-It is conclusive.
The CORTLAND it is overwhelming.
Adjourned.