No temporary injunction may be granted, except in favor of the state or of a public officer thereof in respect to any matter of a public nature, until the party making application therefor gives bond, with surety satisfactory to the court or judge granting the injunction, to the opposite party, to answer all damages in case the plaintiff fails to prosecute the action in which the injunction is applied for to effect; provided a bond need not be required when, for good cause shown, the court or a judge is of the opinion that a temporary injunction ought to issue without bond.
(1949 Rev., S. 8208; P.A. 82-160, S. 173.)
History: P.A. 82-160 rephrased the section.
Penalty rests in discretion of judge. 38 C. 123. Ex parte injunctions without bond disapproved. 77 C. 402. Only actual damages recoverable; 83 C. 418; 82 C. 153; not both damages and penalty. 79 C. 670. When bond is satisfied, or may be cancelled. 81 C. 715. Meaning of “prosecute the action to effect”. Id., 719. Court concluded that board of arbitration had not exceeded its authority under Sec. 7-472 and had made its services available to proper parties. 171 C. 420. Cited. 186 C. 725; 189 C. 539; 191 C. 201.
Cited. 29 CA 105.
It is not customary for the court to require bond on injunctions in aid of attachment of corporate stock. 6 CS 37. Cited. 11 CS 411; 12 CS 174. Requires surety bond, satisfactory to court, be posted to indemnify party seeking injunction for any breach by enjoined party. 29 CS 66. Cited. 42 CS 460.
Cited. 6 Conn. Cir. Ct. 105.
Notes of Decisions
Spiniello Constr. Co. v. Town of Manchester, 456 A.2d 1199 (Conn. 1983).
· cites it 2× “Spiniello filed a bond in the amount of $25,000 as a prerequisite to the granting of its application for a temporary injunction and a permanent injunction.”
Fox v. First Bank, 501 A.2d 747 (Conn. 1985).
· cites it 2× “See General Statutes § 52-472. The failure of the plaintiff to fulfill the condition was, of course, a ground for terminating the temporary injunction and allowing the defendant to repossess the car.”
City of Stamford v. Kovac, 612 A.2d 1229 (Conn. App. Ct. 1992).
· cites it 2× ““Temporary injunction” is the term used in our state law; see General Statutes §§ 52-472 through 52-476; and “preliminary injunction” is the term used by the federal courts.”
Pop Radio, LP v. News Am. Mktg. In-Store, Inc., 898 A.2d 863 (Conn. Super. Ct. 2005).
· cites it 2× “Therefore, it is hereby ordered that News America and all those acting in concert with News America are enjoined from placing or installing or causing the placement or installation of any Audioink product in any commercial establishment until further order of this court.”
PDS Eng'g & Constr., Inc. v. Double RS, 627 A.2d 959 (Conn. Super. Ct. 1992).
· cites it 2× “Under General Statutes § 52-472, a temporary injunction cannot be issued without a bond being posted to answer all damages in case the plaintiff fails to prosecute the action to effect.”
Rustici v. Malloy, 758 A.2d 424 (Conn. App. Ct. 2000).
· cites it 2× “General Statutes § 52-472 provides in relevant part that “a bond need not be required when, for good cause shown, the court or a judge is of the opinion that a temporary injunction ought to issue without bond.”
Plan. Zoning Comm'n v. Zemel Bros., 270 A.2d 562 (Conn. Super. Ct. 1970).
“X Section 52-472 of the General Statutes provides that no temporary injunction shall issue in any case until the party making application therefor gives *67 bond, with surety satisfactory to the court or judge granting the injunction, to the opposite party, to answer all damages…”
Fleet Nat'l Bank v. Burke, 23 Conn. L. Rptr. 516 (Conn. Super. Ct. 1998).
· cites it 4× “Although the plaintiffs did not furnish a bond pursuant to General Statutes § 52-472, 3 the court will assume, without deciding, that the plaintiffs have shown good cause for a waiver of a bond.”
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