David Josiah Brewer

“ The question is not whether included in an order appointing a receiver there may not be, either expressed or implied, some directions of a mandatory character,-something in the nature of an injunction,-but whether congress in this legislation provided for appeals in cases other than those in which an injunction, technically speaking, is either the sole or a principal part of the order or decree. Orders granting injunctions and orders appointing receivers are, in the common understanding of the profession, entirely independent. ”

“ Receivership implies possession, and, if no bond can be required to guard against loss from taking or surrendering possession, it is difficult to perceive the significance of an additional injunction bond in a receivership case. ”

“ The last proviso in the section emphasizes this distinction: 'The court below may, in its discretion, require, as a condition of the appeal, an additional injunction bond.' The bond is described. It is not a bond to secure against injuries which may result if a receiver is wrongfully appointed or discharged, but is technically an injunction bond; that is, a bond to answer for damages, in case of a wrongful order either granting, continuing, or vacating an injunction. ”