Gage v. Porter

Carpenter, J. By the terms of the condition Porter was to pay to the plaintiffs the damages occasioned by the injunction “ in case the proceeding in which the injunction has been issued shall be determined against her.” The determination of the proceeding was in her favor. She obtained leave to redeem, which, so far as appears, was all she prayed for in her bill. There was no breach of the condition, and there must be Judgment for the defendants. Smith, J., did not sit: the others concurred.