Adams v. Andross

Paterson, J., concurring.

I concur. The petition shows that a motion for a new trial is pending in the *485superior court. If the evidence given at the trial shows that it has not been finally decided that the plaintiff in the injunction suit was not entitled to the injunction (Code Civ. Proc., sec: 529), I presume the court will grant the motion, and hold that the suit on the under* taking was prematurely brought.