¶1It is not usual, in this circuit, to insert a pecuniary penalty, though one is almost always found in the English forms. There was a ease here, some time since, where, a penalty being inserted, the matter was said to be misunderstood. The defendant, professing to understand it as an alternative, proceeded to violate the injunction, finding it more profitable. perhaps, to pay the penalty, than to desist from his work. Money penalty not inserted.
15 F. Cas. 1010
Low v. Hauel
U.S. District Court
Decided October 29, 1849
U.S. District Court · decided 1849-10-29
Low having obtained a decree of perpetual injunction against Hauel for using certain trade-marks, G. M. Wharton, for the former party, presented a form of injunction in the English form, commanding and enjoining the defendant, “under the penalty of $-, to be levied upon his lauds, goods and chattels,” henceforth to desist, &c. Mr. Guillou objected that by the practice of this circuit, as appeared by many injunctions which he had examined on the files, a pecuniary penalty was…
Decided 1849-10-29