CROWN CORK & SEAL CO. OF BALTIMORE CITY v. STANDARD STOPPER CO. et al.

CROWN CORK & SEAL CO. OF BALTIMORE CITY v. STANDARD STOPPER CO. et al. (Circuit Court of Appeals, Second Circuit. December 19, 1904.) No. 189. 1. Appeal — Interlocutory Order Granting Injunction. Tbe fixing of the bond to be given on appeal from an interlocutory or-' der granting an injunction rests in the discretion of the trial court, under'the provisions of Act June 6, 1900, c. 803, § 7, 31 Stat 660 [U. S. Comp. St 1901, p. 550], and its order is not reviewable on the appeal; nor does such an appeal affect the proceedings in the court below, except as to such injunction, unless a stay is granted by that court. [Ed. Note. — Finality of judgments and decrees for purposes of review, see notes to Brush Electric Co. v. Electric Imp. Co., 2 C. C. A. 379; Central Trust Co. v. Madden, 17 C. C. A. 238; Prescott & A. C. Ry. Co. v. Atchison, T. & S. F. R. Co., 28 C. C. A. 482.] Appeal from the Circuit Court of the United States for the Southern District of New York. On motion to increase security or to remand. For opinion below, see 136 Fed. 199. Wetmore & Jenner and Robert H. Parkinson (John C. Rose, on the brief), for the motion. J. J. Kennedy, opposed. Before WAEEACE and COXF, Circuit Judges. [MAJORITY — PER CURIAM.] PER CURIAM. We cannot review the order of the court below refusing to stay the taxation of costs by' the complainant, or its action in fixing the amount of the bond to be given by the defendant upon the appeal. The order is not reviewable, unless upon an appeal from the final decree. There, are no circumstances which authorize us to interfere with the j'udgment of the judge in fixing the amount of the bond. Martin v. Hazard Powder Co., 93 U. S. 302, 23 L. Ed. 885. As the appeal is from- an interlocutory decree granting an injunction and ordering an accounting, the cause, for all purposes except a review of the injunction below, including the taxation of costs, is unaffected by the appeal, in the absence of an order by that court staying the proceedings. Section 7, Court of Appeals Act June 6, 1900, c. 803, 31 Stat. 660 [U. S. Comp. St. 1901, p. 550].