The Law And Practice As to References : And the Powers And Duties of Referees, With Numerous Forms

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Kep., 463.) Chap. II.] UNDER SECTIONS OTHER THAN § 271. 135 The dissolution of the injunction on motion, and the subsequent discontinuance of the action by the plaintiff, and payment of costs, warrant an order of ref- erence to ascertain damages. (Carpenter vs. Wright, 4 Bosworth, 655.) In The Pacific Mail Co. vs. Lewling (7 Abbott N.S., 37) the plaintiff had himself vacated the order for an injunction and discontinued the suit. The order for a reference was made.
It is free from doubt that all
... costs and Counsel fees resulting from, and attendant upon the injunction, with the Referee's fees, maybe assessed as damages. (Strong vs. DeForest, 15 Abbott, 427 ; Pitzpatrick vs. Flagg, 12 Abbott, 189 ; Edwards vs. Bodine, 11 Paige, 223.) In Corcoran vs. Judson(24N. Y. R., 106) the bond, given upon obtaining an injunction, was held broad enough to cover an allowance for counsel fees in the suit generally. An award had been made under an Act of Congress to a party. Another claimed to be entitled to a ^large portion of it, and obtained an in- junction restraining the payment of the amount pur- suant to the award.

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