
    CASE 74 — PETITION EQUITY
    OCTOBER 6.
    Fellows & Co. vs. Day.
    APPEAL FROM TODD CIRCUIT COURT.
    1. In all cases of a mere injunction of a judgment, the ordinary injunc1ion bond affords all the security required by law.
    2. The bond required by sub-section 2, of section 440, of the Civil Code, applies only to cases of attachment, to secure the restoration of the property in a certain event.
    H. G. Petrie, For Appellant,
    CITED—
    
      Civil Code, sec. 440 ; 1 Metcalfe 652; Gill vs. Johnson.
    
    4 Metcalfe, 343 ; Allen vs. Brown.
    
    G. Terry and
    St. John Boyle, For Appellee,
    CITED—
    
      Civil Code, secs. 308, 440.
   JUDGE ROBERTSON

delivehed the opikion oe the coukt:

On enjoining a judgment which had been obtained by the appellants against him, the appellee executed a sufficient injunction bond, and obtained the relief sought by his petition. The appellants, being non-residents, urge a reversal, on the ground that the bond prescribed by sub-section 2, of section 440, of the Civil Code> was not also given. But that provision applies only to cases of attachment of property of non-appearing nonresidents only constructively summoned; and the- sole object of such bond is to secure the restoration of the property in a certain event.

In all cases of mere injunction of a judgment, the ordinary injunction bond affords all the security required by the. law.

"Wherefore, the judgment is affirmed.  