RUSSELL V. FARLEY, 105 U. S. 433 (1881)

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U.S. Supreme Court

Russell v. Farley, 105 U.S. 433 (1881)

Russell v. Farley

105 U.S. 433


1. Where an injunction is granted to a party without requiring him to give bond or other undertaking, the circuit court has no power to award damages to the injured party except by such a decree in the matter of costs as may be deemed equitable.

2. In the absence of either an act of Congress or a rule of court on the subject, the circuit court can, before granting an injunction, impose terms, and it can relieve therefrom whenever it would be oppressive or inequitable to continue them.

3. Where neither the bond given nor the statutes nor any rule of court prescribes a specific mode of assessing damages, and the condition of the bond is simply to pay such as the adverse party may sustain by reason of the injunction, if the court finally decides that the party to whom it was granted is not entitled thereto, semble that the court may, as an incident to its jurisdiction, cause them to be assessed under its own direction or leave the party to his action at law.

4. The court decreed that this was not a case for damages. Held that its action in the premises approaches so nearly to an exercise of discretion, that a very clear showing must be made to induce this Court to reverse it.

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