Lamb

Appellant was engaged in the garage business in the year 1924 at Los Angeles, under the fictitious name of De Luxe Garage. He made repairs on an automobile belonging to one William Gross, and, the charges thereon being unpaid, commenced foreclosure of his lien. On October 1, 1924, Gross, who disputed the correctness of appellant’s charges, instituted a claim and delivery action to recover possession of the car. In the same suit Gross obtained an order to show cause why an injunction pendente lite should not issue restraining appellant from proceeding further with the foreclosure of his alleged lien. At the hearing of the application for the temporary injunction it was stipulated that a preliminary injunction might be granted restraining appellant from proceeding with the foreclosure provided a bond be furnished by Gross, plaintiff in that action. The order made by the court pursuant to the stipulation, which designated the amount of the bond—eight hundred dollars—did not describe or provide for the terms of the bond. Respondent thereupon executed a bond in the above-mentioned amount, which was filed with the clerk of the superior court. No affidavit or demand was deposited with or…