1. The death of the original defendant.

2. His legal discharge from the obligation to render himself amenable to the process, direction or proceedings, with respect to which the undertaking of the bail was made. 3. His surrender to the sheriff of the county where he was arrested, as prescribed in this article.

Where either event occurs after the commencement of the action against the bail, the court, in its discretion, may impose the payment of the plaintiff's costs and expenses incurred after the return of the execution against the person, as a condition of allowing the exoneration. And the court, by an order, made upon notice to the adverse party, may grant such further time as it deems just, after answer, for the surrender of the original defendant. In that case, his surrender, within the time so granted, has the same effect as if it had been made before answer.

Source CCP § 601 unchanged-Revisers' Note. Star (*) means read Not into note heading. Application for exoneration timely *After lapse of time for answer in action against bail (Walsh 7 CivP 209).

Bail exonerated by death of principal-*After answer of bail in action against them (Walsh 5 CivP 357, afd 67 How 173).

Bail exonerated by discharge of principal's obligation Bankruptcy of principal (Wilson 27 Hun 46). Discharge of principal under nonimprisonment act, CP § 191, not recorded within 3 months (Mills 81 NY 91, afg 17 Hun 297). *Payment of judgment by surety on appeal bond with no intent to discharge bail (Culliford 3 AD 266, 38 NYS 199). Vacation of order of arrest (Colton 56 Mis 61, 106 NYS 939).

Section

Bail exonerated by surrender of principal-Ducas 168 AD 24, 153 NYS 803. *After answer (Bond 140 NYS 40). After commencement of action against bail (Cozine 55 NY 304). After time for surrender has lapsed: discretionary with court (Brady 59 NY 310), lapse of 20 days period CCP $191, allowed by not due to laches of bail (Bank of Geneva 12 AbP 81). Before answer (Bond 79 Mis 563, 141 NYS 217; Douglass 21 Hun 320). Before lapse of 20 days prescribed by CP § 191 (Baker 10 AbP 279). *Failure to surrender: circumstances not impairing surety's power to surrender (Steinback 55 Supr 278). Prevented by plaintiff (Ducas 168 AD 24, 153 NYS 803).

Costs allowed-To bail for rearrest and surrender of defendant (Milk 18 AьNC 236).

ARTICLE 51

INJUNCTION; GRANTING AND SERVICE OF THE ORDER

876. Temporary injunction by order.

877. Injunction, when the right thereto depends upon the nature of the action. 878. Injunction, when the right thereto depends upon extrinsic facts.

879. Restrictions upon injunction to restrain state officers.

880. Judge's order enforceable as court order; powers of appellate division. $81. Proof to procure injunction.

882. Provision as to notice; injunction pending an application. 883. Service of order.

§ 876. Temporary injunction by order. A temporary injunction may be granted by Source CCP § 602, substance unchanged-Revisers' Note.

Star (*) means read Not into note heading. Source of power to grant order-Inherent power of court (Ocoer 105 Mis 489, 172 NYS 518), and statute (Ocoer 105 Mis 489, 173 NYS 518; Holle 160 AD 369, 145 NYS 388; Shotland 134 AD 504, 119 NYS 576).

The writ of injunction has been abolished. order, as prescribed in this article.

| dente lite (Codenstein 132 AD 628, 117 NYS 349). *Permanent injunction (Jackson 113 NY 216; Hurlbutt 190 AD 176, 179 NYS 421). Writ of injunction, injunction granted by order substituted (Carpenter 18 AD 561, 46 NYS 5; Buffalo 22 Hun 349).

Injunction abrogated By final judgment, merged (Gardner 87 NY 14).

Injunction discretionary-Court of original jurisdiction (Pfohl 59 NY 174: PVSchoonmaker 50 NY 499). Refused (Ciancimino 1 Mis 121, 20 NYS

Section construed liberally-Ocoer 105 Mis 489, 173 NYS 518. Injunctions abolished-*After final judgment (Bell 30 NYS 365).__*Codefendant, against (Darl-702). ing 23 Hun 531). Ex parte by special term pen

§ 877. Injunction, when the right thereto depends upon the nature of the action. Where it appears from the complaint that the plaintiff demands and is entitled to a judgment against the defendant restraining the commission or continuance of an act, the commission or continuance of which during the pendency of the action would produce injury to the plaintiff, an injunction order may be granted to restrain it. The case provided for in this section is described in this act as a case where the right to an injunction depends upon the nature of the action.

Source CCP § 603 unchanged-Revisers' Note. Star (*) means read Not into note heading. History-In substance CP § 219, clause 1 (Veit 39 Mis 39, 78 NYS 763).

Persons enjoined-*Codefendant by codefendant (See Darling 23 Hun 531). *Creditors of defendant from enforcing their rights (Marty 66 AD 527, 73 NYS 369). *Stranger to action, corporate mortgage (Walton 56 Hun 211, 9 NYS

Distinguished from CCP $ 604 equitable relief in receivership (Woerishoffer 99 NY 392). Prep-375). aration and service of complaint (Brockway 144 AD 239, 128 NYS 1079; NY&NJTCo 128 AD 220, 112 NYS 612).

Acts enjoined-Actions: ejectment for same prop erty (Cuthbert 14 NYS 62), *in different court (Walkup 110 AD 326. 97 NYS 142; Gould 26

Mis 6, 56 NYS 465), on released claim (Cantoni | for (Sherwood 187 NYS 755; Reynolds 160 NYS 12 Mis 376, 33 NYS 645, afd 146 NY 405), 177). *Doubtful facts and legal rights (Local *pending (BelascoCo 98 AD 74, 90 NYS 593). Union 149 NYS 1025). *Forcible entry or de*Arrest by sheriff under execution (Hurlbutt 190 tainer, where plaintiff ousted by defendant for AD 176, 179 NYS 421). *Beneficial association, breach of terms of lease (Reynolds 160 NYS 177). suspension of member (Bachman 184 NY 458). Money action (Veit 39 Mis 39, 78 NYS 763). *Bonds, disposition of not rendering judgment in- Primary election review under 56 Election Law effectual (Thompson 26 Mis 254, 56 NYS 743). (Holle 160 AD 369, 145 NYS 388). *Trustee, Business: competition or engaging in similar proceedings to remove (Dietz 138 AD 283, 122 business (Sanford Dairy Co 82 AD 641, 81 NYS NYS 1063). 563), *use of premises for purchase or sale of any beer other than brewed by plaintiff (Ringler&Co 115 AD 549, 101 NYS 454). *Cohabitation with another woman pending action for separation from bed and board (Ellis 5 Mis 34, 106 NYS 217). Contract: awarding and executing for city paving (Scott 150 AD 794, 135 NYS 311), *making of contract of board of estimate and borough president with architects for new municipal building (Hoyt 76 Mis 21, 136 NYS 58), violation of baseball contract (Boston BaseBallAssn 37 Mis 521, 75 NYS 1076), violation of impossible contract, moving picture rights in film (Davies 91 Mis 631, 155 NYS 597), violation of negative contract of service, not to enter employ of competitor (ClarkPaper&MfgCo 100 Mis 173, 165 NYS 368), soliciting rival business in violation of contract (Close 8 Mis 299, 28 NYS 737). Corporation: consolidation (Young 61 Hun 619, 15 NYS 444), director, acting as (Crancimo 1 Mis 121, 20 NYS 702), office, exercising functions of (Moir 127 AD 591, 112 NYS 57), promotion by selling stock and circularizing stockholders (Northland 143 NYS 9). *Dam, maintenance of, so as to cause overflow, where damages slight and service of electricity to public would be prevented (Schwarzerbach 144 AD 884, 129 NYS 384). *Final judgment, relief obtainable by (Moller 174 AD 458, 161 NYS 171). *Foreclosure of chattel mortgage (Lowenstein 114 AD 65, 99 NYS 730). Injury to business and property (SunPrinting& PubAssn 48 AD 623, 62 NYS 750). Landlord and tenant: occupation of premises, refusal by landlord to allow (Koenig 176 AD 724, 163 NYS 1019), *possession, interference with by landlord not involving irreparable injury (Reynolds 160 NYS 177), subletting premises to negroes and chinamen (Fleisch 119 AD 815, 104 NYS 921). Municipal investigation by city council of its president's conduct and expelling him (Armitage 4 Mis 315, 24 NYS 650). *Pollution of stream by mill refuse, injunction against maintaining mill (Whalen 145 AD 1, 129 NYS 391). Possession of premises, disturbance of (Stamm 30 Hun 72). Public inconvenienced (Knoth 187 NY 243). Public office in dispute, exercising duties of (PvZeeh 85 Mis 151, 148 NYS 111). Railroads: construction of third track beneficial to public (Knoth 187 NY 243), *entering on premises and laying tracks (T&BRRCO 86 NY 107), land of, use by village (Lehigh&Hudson RRCO 78 Mis 1, 137 NYS 658), street, use of, where plaintiff has not fulfilled contract (South ShoreTraction Co 53 Mis 392, 102 NYS 1074). *Sale, disposition of property by defendant pending action (Campbell 64 Hun 188, 19 NYS 123). Stocks: transfer (Williams 148 NY 519; MaineProductsCo 115 AD 112, 100 NYS 711; Bedford 51 AD 537, 64 NYS 856), voting stock or exercising act of ownership (Maine ProductsCo 115 AD 114, 100 NYS 712; Maine Products Co 115 AD 112, 100 NYS 711). Tax collection to pay bonds issued by township commissioners (Young 75 NY 525). Trade mark: imitation of label (Luyties 149 AD 542, 133 NYS 997), to restrain sale of silverware pending use of trade mark (Whitting Mfg Co 28 ClvP 230, 56 NYS 114), use of trademark (Selchow 93 NY 59), use of trade names (Merritt Burial&CremationCo 155 AD 565, 140 NYS 895). Injunction without action-Cause of action about to be prosecuted (PexrelCauffman 136 NY 252). Dispossession of tenant through summary proceedings (Shotland 134 AD 504, 119 NYS 576). Visitation of cemetery under 16 membership Corporations law c35, Consol. Laws. c40, Laws of 1909) (Greene 153 AD 8, 138 NYS 95). Actions or proceedings in which granted-Certiorari for order suspending enforcement of Public Service Commission order (PvPublic Service Com 110 Mis 500. 181 NYS 790). *Damages, action

Showing by complaint necessary (Koenig 163 NYS 1021; Uppercu 160 AD 918, 145 NYS 699). Affidavit alone not sufficient (Sanders 26 AD 176, 49 NYS 964), tho facts stated show right to relief (Huntington 62 AD 517, 71 NYS 84; Woodburn 34 AD 246, 54 NYS 597). Aided by affidavits: (*Blakeslee 161 AD 624, 147 NYS 49) *enforcement of night of possession under lease (Goldman 111 AD 674, 97 NYS 926). *enforcement of indefinite incapable of enforcement (Heine 29 AD 239, 51 NYS 427), *restraint of appointment to public office (Roosevelt 1 HowNS 205), *injunction against forcible entry and detainer in district court (NYCity BaptistMSoc 20 Mis 191, 14 NYS 1051), *irreparable injury not shown by complaint (Glascoe 44 Mis 166, 89 NYS 791), prevention of cutting away at part of plaintiff's front steps (LeRoy 39 Mis 285, 79 NYS 442). Petition not enough (First NatBank 17 NYS 900). Complaint sufficient-Allegations sufficient: *demand for injunction not made (Maine ProductsCo 115 AD 109, 100 NYS 709; Leonard 109 AD 549, 96 NYS 491; Ragsdale 55 NYS 760, 28CivP 229). Injury from initiation of members into society (Thompson 17 Hun 305) *from payment of money to sheriffs upon execution to judgment creditors render the action ineffectual (Cushing 49 Hun 19, 1 NYS 507), *from removal of machinery by landlord (Zazela 181 NYS 673), from action or want of action by surrogate detrimental to executors (Hotchkiss 2 NYS 825), from use of corporate name (Commercial Union AssnCo 2 NYS 297), irreparable injury (Brass 153 NY 435; Glascoe 44 Mis 166, 89 NYS 791), *threatened injury (Clark 40 AD 405, 57 NYS 975), Judgment creditor, plaintiff as (Werbelovsky 106 AD 138, 94 NYS 156), *no adequate remedy at law to protect inchoate dower (Doty 171 NYS 854). Amended complaint after demurrer (Blakeslee 161 AD 624, 147 NYS 49). Criminal contempt, to support (PxGaynor 78 Hun 154, 28 NYS 981; Roosevelt 1 HowNS 231). For relief concerning particular subject matters: action in another state (Webster 196 NY 524), in Federal court (Aetna Explosives 220 NY 767), *bond underwriter's agreement (Hudson Valley RyCo 95 AD 6, 88 NYS 742), *delivery of property to judgment creditor (Clark 40 AD 405, 57 NYS 975), dower, inchoate (Doty 171 NYS 854), *manager of plaintiff corporation, acting as (MaineProductsCo 115 AD 109, 100 NYS 709), *initiation of member into society (Thompson 17 Hun 305), *money damages, no cancellation of notes asked (Goldin 68 Mis 459, 125 NYS 83), *possession under lease (Goldman 111 AD 674, 97 NYS 926), removal of machinery by landlord (Zazela 181 NYS 673), *specific performance selling and voting stock agreement (Wood 132 AD 318, 117 NYS 51), theatrical organization, plaintiff's rival, defendant's intention to identify himself with (Pratt 10 NYS 903), stock, voting by trustee (McHenry 90 NY 58), street railroad operation (Hudson River TelCo 8 NYS 498), *waste (Sheehy 26 AD 140, 49 NYS 1088). Water, *discontinuance of (Brass 153 NY 435).

Affidavit sufficient-In forcible entry or detainer
(Reynolds 160 NY 177).

Complaint and affidavit sufficient *Improper man-
agement by directors alleged upon information
and belief without stating source (Gillette 92 AD
313. 86 NYS 1062). Verification on information
and belief, denial of relief not reviewable (Van
Orden 44 AD 580, 60 NYS 802).

Remedy barred-Other remedy available: action for damages (Koenig 176 AD 724, 163 NYS 1019). forcible entry and detainer (Koenig 176 AD 724, 163 NYS 1019). Laches: 2 years delay (First NatBank 17 NYS 900), after cessation of enticement of employees (Reynolds 67 Hun 294, 22 NYS 306), no objection to construction of hotel

§ 878. Injunction, when the right thereto depends upon extrinsic facts. In either of the following cases an injunction order may also be granted in an action:

1. Where it appears that the defendant, during the pendency of the action, is doing or procuring or suffering to be done, or threatens, or is about to do, or to procure or suffer to be done, an act in violation of the plaintiff's rights respecting the subject of the action and tending to render the judgment ineffectual, an injunction order may be granted to restrain him therefrom.

2. Where it appears that the defendant during the pendency of the action threatens or is about to remove or to dispose of his property, with intent to defraud the plaintiff, an injunction order may be granted to restrain the removal or disposition.

§ 879. Restrictions upon injunction to restrain state officers. Where a duty is imposed by statute upon a state officer or board of state officers, an injunction order to

restrain him or them, or a person employed by him or them, from the performance of that duty, or to prevent the execution of the statute, shall not be granted except by the supreme court at a term thereof sitting in the department in which the officer or board is located, or the duty is required to be performed; and upon notice of the application therefor to the officer, board or other person to be restrained.

Source CCP § 605 unchanged-Revisers' Note. This section constitutes one of the exceptions referred to in the general provision authorizing a provisional remedy to be granted by a judge, out of court, and the general provision authorizing the granting of the remedy without notice. The general provisions referred to are, in terms, subject to such exceptions.

Star (*) means read Not into note heading. Governed by-CCP § 606, ex parte (PxRoosevelt 52 Supr 66).

Distinguished from-CCP § 983, personal responsibility (BrooklynBoroGasCo 175 AD 684, 161 NYS 169).

Applied to proceedings other than injunction Mandamus used as injunction, commanding state board of canvassers to issue election certificates (PxDerby 129 NY 461). Granted in different department-Code provision directory, not mandatory (Schieffelin 86 Mis 678. 149 NYS 254). Nomination and election of delegates to constitutional convention (Schieffelin

212 NY 521). Third department primarily official department of state, injunction against commissioner of Palisades Interstate Park (Bunyan 153 NYS 622).

Granted at special term-Stay proceedings to appropriate waters (Comstock 5 NYS 881).

Duties within section-Governor's order directing mayor and council to abate discharge of sewage (Vick 46 Hun 607).

Who may be enjoined Appellate Division by special term, appointment of commissioners of jurors (Melody 35 Mis 138, 70 NYS 568, afd 170 NY 185). State officers (Roosevelt 1 HowNS 231), *Mayor and council of city with power delegated by state to determine street for elevated railroad (PxNegus 90 NY 402).

Injunction discretionary-Refusal to continue preliminary injunction (Čiancimino 1 Mis 121, 20 NYS 702).

Jurisdiction waived By formal stipulation and acknowledgment of order made at special term (PxPlatt 144 NY 249).

§ 880. Judge's order enforcible as court order; powers of appellate division. An injunction order granted by a judge may be enforced as the order of the court. An injunction order which may be modified or vacated by the appellate division may be granted or continued by the appellate division, or a justice thereof, pending appeal to that court or to the court of appeals from an order or judgment denying or vacating an injunction.

Source CCP 606, amended; the part which states by whom the order may be granted gener ally is eliminated because it is covered by a general provision relating to provisional remedies Revisers' Note.

Star (*) means read Not into note heading. Distinguished from-Judiciary law (Consol Laws e 30) § 750 not applying to order issued by judge (Holle 160 AD 369, 145 NYS 388). Compared with-County judge's order of arrest (Kennedy 1 Hun 603).

Orders by particular judges-*Common pleas (Px Roosevelt 52 Supr 53, rvg 51 Supr 238). County judge where action laid (Morris 7 NYS 943, 17 CivP 407), against sale of premises restrained (Babcock 23 Hun 391), in aid of execution on judgment in Supreme Court (Ackerly&GerardCo 14 NYS 466), against vote of city council on resolution altering railway route (PxNegus 90 402). *County judge under laws of 1893 c 3338 § 10 (PvWindholz 68 AD 552, 74 NYS 241). Surrogate, special, empowered to perform duties of county judge (Aldinger 132 NY 403).

Violation excused-*By irregularity or improvidence in granting order (ErieRailwayCo 45 NY 637).

Judge's order enforcible as court order-City council voting on resolution altering railway route (PxNegus 90 NY 402). Promotion of corporate organization, engaging in selling stock. circularizing stockholders (NorthlandRubberCo Granted by appellate division-After special 143 NYS 9). Removal of trustee, special pro- term's denial of continuance of order enjoining ceedings for, not being an action (Dietz 138 AD collection of fees and compensation for services. 283, 122 NYS 1063). Sky sign, raising, alter-interfering with business and revealing plaintiff's ing, or interfering with (PxEmpire Leasing Co 174 clients' names (USTitleGuarantyCo 158 AD 542, AD 384, 161 NYS 241). 143 NYS 835).

$ 881. Proof to procure injunction. The order may be granted [upon proof] that sufficient grounds exist therefor.

Source CCP 607, amended; the amendment is to conform the section to the general provision that proof shall be by affidavit and such other written evidence as the rules may prescribe-Revisers' Note.

Star (*) means read Not into note heading. Compared with CCP 8 603 not requiring affidavit (Woodburn 34 AD 246, 54 NYS 597). Compared to Order of arrest (Kennedy 1 Hun 604). Applicable to CCP § 603 (Clark 40 AD 405, 57 NYS 975; Chatterton 2 AbNC 453), and 604 (Clark 40 AD 405, 57 NYS 975), presenta tion of complaint (Roosevelt 1 HowNS 231), Proof sufficient-Attorney's affidavit: where party can make affidavit (Pach 19 NYS 583). *on information and belief from plaintiff's statement (Kuh 6 NYS 881), or letters (Rateau 12 How 464). *Complaint used as affidavit (Clark 40 AD 405, 57 NYS 975), *verified by attorney upon information and belief obtained by letters written by plaintiff (Rateau 12 How 464).

*Information and belief without showing sources (Hecker 28 How 211, 18 Abp 369). Discretion

of court, order refused where deception and misrepresentation to court, concealment of injunction and entire allegations as to peaceable possession of corporate powers (Ciancimino 1 Mis 121, 20 NYS 702). Particular matters proved: *appropriation for canal construction (PvCanal Board 55 NY 390), *assessment of damages by drainage commissioners (Woodruff 17 Barb 224), assignment to delay hinder and defraud creditors (Bostwick 25 How 362), *character of contracts and admissions denied (USTitleGuaranty Co 158 AD 542, 142 NYS 835), disposition of debtor's property (Clark 40 AD 405, 57 NYS 975), insolvency of bank, information and belief contradicted by bank's official report (Livingston 26 Barb 304). Judgment, no payment or confession (Cushing 49 Hun 19, 1 NYS 505), lease of premof judgment, complaint on information and belief NYS 37), mingling assets, by assignee of sums ises for sale of liquor (Bagg 12 Mis 299, 34 collected by assignor with general assets (Bertha Zinc&McCo 7 Mis 123, 27 NYS 342), soliciting business for rival school (Close 8 Mis 299, 28 NYS 737).

§ 882. Provision as to notice; injunction pending an application. The order may be granted upon or without notice, in the discretion of the court or judge, unless the defendant has answered; in which case it can be granted only upon notice or an order to show cause. Where an application for an injunction is made upon notice or an order to show cause, either before or after answer, the court or judge may enjoin the defendant until the hearing and decision of the application.

Source CCP § 609 unchanged-Revisers' Note. I This section constitutes one of the exceptions referred to in the general provision authorizing the granting of a provisional remedy without notice. The exception is saved by a clause of the general provision.

Star (*) means read Not into note heading. Notice required-Additional injunction after answer, injunction against acts not enjoined in former order (Rhodes 48 AD 410, 63 NYS 184). Order restraining exercise of function by corporate officer (Clancimino 1 Mis 121, 20 NYS 702). Vacation of order denying continuance of injunc

tion and vacating grant of injunction (Bodenstein 132 AD 628, 117 NYS 349).

Notice sufficient-Order to show cause by county judge, injunction against eutering upon land (Morris 7 NYS 944).

Lack of notice cured-*By order to show cause why injunction should not be continued (Rhodes 48 AD 410, NYS 184).

Injunction effective on service-Condition subsequent failing injunction void ab initio (City NY 110 Mis 695, 181 NYS 124).

Restraining order granted-Until further order of court, assessment of costs (Sweet 71 Hun 381, 25 NYS 32).

§ 883. Service of order. Where the injunction order is granted by the court, it must be served by delivering a certified copy thereof; where it is granted by a judge, it must be served by showing the original order and delivering a copy thereof. Service of the order upon a corporation may be made as prescribed [by law] for making personal service of a summons upon a corporation. Copies of the papers upon which the order was granted must be delivered with the copy of the order.

Source CCP § 610, amended; the eliminated first sentence is covered by a general provision relating to arrest, attachmeint and injunction generally-Revisers' Note.

Star (*) means read Not into note heading. Service of order sufficient *Before return day, not cured by change of return day (CityNY 110 Mis 195, 181 NYS 124). *Copy with notice that it was a copy without showing original (Watson 9 How 425). In presence in court when made without exhibiting original (Livingston 23 How 1). Showing judges signature to order (Atlantic Co 46 Supr 377).

Delivery of copies of papers sufficient-Irregularity cured by second service with copies (Daly 13 NYS 379, afd 126 NY 490). Nun pro tunc (Knudson 27 Mis 98, 57 NYS 581).

Recital of grounds required-(Brockway 144 AD 239, 128 NYS 1079; Meyer 106 AD 556, 94 NYS

771; Terry 53 Mis 10, 103 NYS 1014). Jurisdiction not affected by failure (City 110 Mis 695. 181 NYS 125; Schieffelin 109 Mis 369, 179 NYS 413; Daly 13 NYS 379, afd 126 NY 490). Leave to renew upon proper papers (Klatzko 193 AD 854, 184 NYS 367). Order vacated (Terry 53 Mis 10, 103 NYS 1014). *Receivership proceedings, injunction to protect property (PhoenixF& MCo 33 Hun 156, 6 CivP 106). Remitted for further action (See Burdi 143 NYS 1108; Sultzer 176 NYS 923).

Recital of grounds sufficient-*General statement that it appears that plaintiff is entitled following language of CCP § 603 (Hotchkiss 50 Hun 604, 2 NYS 825). Recital of acts complained of followed by language of section (Richards 7 Mis 388, 27 NYS 919). Reference (Church 33 NYS 47; AtlanticCo 46 Supr 377).

Section

ARTICLE 52

INJUNCTION; SECURITY

884. Terms of undertaking on staying proceedings in an action before trial. 885. Security to stay proceedings after trial and before judgment.

886. Security to stay proceedings after judgment.

887. Payment over of money deposited.

888. Cancellation of undertaking of successful party.

889. Terms of undertaking on staying proceedings after verdict in ejectment or dower. 890. Damages in ejectment or dower to include waste.

891. Undertaking in lieu of deposit.

892. Security for injunction to stay proceedings on ground of fraud.

893. Security generally, to obtain injunction order.

894. Damages; how ascertained.

895. Damages sustained by a third person.

896. Action on the undertaking.

§ 884. Terms of undertaking, on staying proceedings in an action before trial, [The undertaking to secure the party enjoined, where the injunction order is] to stay the trial of an action in which the complaint demands judgment for a sum of money only, after issue has been joined therein, [shall be] to the effect that [the party applying for the order] will pay to the party enjoined or his representative all damages and costs