Carpenter v. Knollwood Cemetery

Citations

• 195 F. 96
• 1912 U.S. Dist. LEXIS 1621

Syllabus

<p>1. Costs (§ 134*)—Bond foe Costs—Additional Bond.</p> <p>Where, in a suit to restrain a sale of cemetery lands, complainants had filed a bond for costs in the sum of $500, they would not be required to file an additional bond on the ground that defendants’ costs already proximated the amount of the bond, where such costs included stenographers’ fees, amounting to $139.10, which defendants were not necessarily entitled to tax under rule 23.</p> <p>[Ed. Note.—For other cases, see Costs, Cent. Dig. §§ 518-52S; Dec. Dig. § 134.*]</p> <p>2, Injunction (§ 148*)—Pbeliminaby Injunction—Bond.</p> <p>Where, in a suit to restrain a sale of cemetery lands by defendant, it appeared that such sale was for the purpose of reorganizing defendant cemetery company, and that its results would nullify the provisions of a prior agreement without the consent of all the shareholders, and it was claimed that this would permit the proceeds of the sale and use of lots in the cemetery to be divided contrary to the provisions of the corporation’s charter, and that the effect of granting a preliminary injunction would not so seriously inconvenience defendant as its denial would be likely to damage complainants, complainants would not be required to give a bond to indemnify defendant against damage under the rule that such bond will only be required in the federal courts when the court is not reasonably satisfied of complainants’ right to the relief prayed for, and is satisfied that the granting of the injunction may cause irreparable injury to the defendant.</p> <p>[Ed. Note.—For other cases, see Injunction, Cent. Dig. §§ 323-381; Dec. Dig. § 148.*]</p>