City of Chamberlain v. Quarnberg

HANEY, P. J.

(concurring specially). I concur in the conclusions announced in the foregoing decision, except as to the implication that in no case may the damages “be ascertained by a reference, .or otherwise, as the court may direct,” unless such provision is expressed in the undertaking; it being my view that the law reads such provision into every such undertaking when given pursuant to the statute. Rev. Code Civ. Proc. § 200.