101 Wash. 42 | Wash. | 1918
This action was prosecuted to enjoin appellant from entering upon the thoroughfares and wharf in a plat of ground located on Lake Washington, and known as Beaux Arts Village. An order was
Appellant assigns three errors: (1) That the court erred in overruling the demurrer; (2) that the court erred in granting a temporary restraining order or injunction pendente lite; (3) that the court erred in failing to require respondent to give a bond indemnifying appellant upon the issuing of the injunction.
The complaint showed that the respondent, a Washington corporation, is the owner of the tract of land platted into Beaux Arts Village. The land is sub
“The land herewith conveyed shall not at any time after the date hereof be sold, conveyed, leased, let, or sublet, or underlet, in whole or in part, to any person without written consent of the party of the first part.”
It was alleged that appellant was unlawfully trespassing upon the property of the respondent; that he was threatening to so continue; that he was causing dissatisfaction and strife; was disrupting their social happiness; destroying their common well being; was a menace to the peace and dignity of the community; that he has an unsavory reputation for morals, peace and quiet, and is not tolerable or endurable; that his presence in the village is a danger and detriment to the same, depreciating its value as an ideal village; that he has assaulted certain persons and threatens to do so again; that he has used language calculated to cause a breach of the peace; that his behavior is belligerent, quarrelsome, and menacing, and that respondent fears that such conduct will culminate in serious acts endangering the peace of the community and the lives of its owners.
These allegations of continuing trespasses and threats and menaces- to respondent and the inhabitants of the village were sufficient to warrant the issuance of an injunction if such facts were sufficiently proven. It is evident, therefore, that respondent would be damaged if the acts complained of were continued. Silver v. Washington Inv. Co., 65 Wash. 541, 118 Pac. 748. It was not necessary to allege that appellant was in
The court, however, was without authority to grant a temporary restraining order without bonds. Section 725, Bern. Code,- provides that “no injunction or restraining order shall be granted until the party asking it shall enter into a bond, in such a sum as shall be fixed by the court or judge granting the order, . . . conditioned to pay all damages and costs which may accrue by reason of the injunction or restraining order.” Where a statute requires the giving of a bond as a condition precedent to the granting of an injunction, the court is not at liberty to disregard such statute, and it is error in such case to grant the injunction without the required bond. 2 High, Injunctions (4th ed.), §1520; Keeler v. White, 10 Wash. 420, 38 Pac. 1134; Cherry v. Western Washington Industrial Exp. Co., 11 Wash. 586, 40 Pac. 136; Swope v. Seattle, 35 Wash. 69, 76 Pac. 517.
The order was therefore invalid.
Reversed and remanded for further proceedings.
Ellis, C. J., Mount, and Chadwick, JJ,, concur.