San Diego Water Co. v. Pac. Coast S.S. Co.

Citations

• 101 Cal. 216
• 35 P. 651
• 1894 Cal. LEXIS 1009

Syllabus

<p>Injunction—Duration of Restraining Order.—A restraining order pending an order to show cause why an injunction should not be issued, and until the further order of the court, is only authorized to be made-pending the motion for an injunction, and where there is no appearance at the time when the order to show cause was returnable, and the motion for an injunction was not completed nor kept alive in any mode, the restraining order falls, and ends naturally with the motion.</p> <p>Id.—Construction of Restraining Order.—The phrase in the restraining order, “and until the further order of this court,” cannot have the-effect to prolong the restraining order beyond the pendency of the motion for an injunction, so as to convert the order into a preliminary injunction.</p> <p>Id.—Injunction Bond—Damages—Counsel Fees.—Where no effort was-made to dissolve a preliminary injunction except that the case was tried on its merits, and a dissolution of the injunction was made by the-final judgment, and the attorneys were simply employed to try the case, and were paid for that purpose and no other, counsel fees cannot be-recovered as damages upon the injunction bond.</p>