Smallman

This is an appeal in an action brought to recover upon an undertaking given for the issuance of an injunction in a case entitled “Amelia H. Smallman et al. v. Lippitt & Lippitt, in which action the undertaking in question was given by the plaintiffs therein, with appellants Frank V. Bell and Michael Kraker as sureties. The prayer in that action was for a judgment enjoining and restraining Lippitt & Lippitt from procuring in a prior action a writ of assistance pending the determination and judgment of the court in the action. The judge before whom the suit was pending, in response to an application by the plaintiff therein for a temporary injunction, issued on the nineteenth day of July, 1909—the day the suit was filed.—an order entitled “Order to show cause and Restraining Order,” which cited the defendant to appear at a time and place specified, and show cause why it should not be “enjoined and restrained pending the determination of the above entitled action, ’ ’ from committing certain acts. The order further provided: “It is further ordered that pending the determination and judgment of the court in this action said defendant Lippitt & Lippitt be enjoined and restrained” from…