JACKMAN v. EASTMAN

What damages were occasioned to a party by an injunction, is a question of fact to be determined at the trial term.

CLARK, J.

The condition of the bond issued under the 36th rule in chancery is, "to pay and satisfy all such damages as may be occasioned to the adverse party by reason of the injunction." What damages were occasioned to the plaintiffs by reason of the injunction, is a question of fact to be determined at the trial term. We cannot say as matter of law what damages were so occasioned.

Case discharged.

BLODGETT and CARPENTER, JJ., did not sit: the others concurred.