Alaska Improvement Co. v. Hirsch

Citations

• 119 Cal. 249
• 51 P. 340
• 1897 Cal. LEXIS 888

Syllabus

<p>Injunction Bond—Previous Issuance of Restraining Order—Consideration—Order for Bond upon Motion of Defendant—Recitals.—Where a restraining order was issued in a United States circuit court without requiring the plaintiff to execute a bond, and a bond was subsequently required to be given upon motion oí the defendant by an order which did not purport to make the continuance of the restraint conditional upon the giving of the bond, and where the bond given recited the issuance of the restraining order and the order requiring the bond, and that it was given “in consideration of the premises, and of the issuance of the restraining order,” but did not recite that it was executed to obtain a continuance of the restraining order, such bond is void for want of consideration, and no-action can be maintained thereupon, and a judgment thereon will be reversed.</p>