Appeal from the Sixth District.

August, 1856, Ami M. White obtained a restraining order from the Sixth District Court, in a suit by her against plaintiff, Joseph Prader and Prescott Robinson. This order was issued by the Judge, before complaint filed, in a usual form, thus: “ On filing the complaint in this cause, and bond in the sum of, etc. let defendant show cause, etc. why an injunction should not issue, and in the meantime let an order issue restraining,” etc. Upon the hearing of the rule against defendants, made at the same time, to show cause why an injunction should not issue, the District Court made an order requiring said Ami White to file a new bond in the sum of twenty-five hundred dollars in said cause. The complaint in this suit then avers, that, “ in pursuance of which order, and in consideration of the continuance of the restraining order aforesaid, the defendants, J. H. Purkett and Mark Sheldon, on the part of said Ami M. White in the suit aforesaid, executed a bond in words and figures as follows, to wit:

“District Court of the Sixth Judicial District:

Ami M. White v. Joseph Prader et al.

Whereas, by an order of Court, made on the 20th day of September, 1856, the plaintiff was required to file a bond in the sum of twenty-five hundred dollars in this suit, wherein was granted an injunction order restraining and enjoining, Wm. A. Prader and P. Robinson, Rec. etc. now therefore, we the undersigned, residents of the county of San Francisco, in consideration of the premises and of the issuing of the said injunction orders, do jointly and severally undertake, in the sum of twenty-five hundred dollars, that the said plaintiff will pay to the said parties enjoined such damages, not exceeding the said sum of twenty-five hundred dollars as said party may sustain by reason of said order of injunction, if the said District Court finally decide that the said plaintiff was not entitled thereto. Dated this 29th of September, 1856.

(Signed) J. H. Purkett,

Mark Sheldon.”

The complaint further avers, that Joseph Prader and Robinson, two of the obligees in the bond, were nominal parties to the suit, the entire interest being in the plaintiff herein.

Defendants demurred for defect of parties, and want of facts to constitute cause of action. Demurrer sustained, and final judgment for defendants. Plaintiff appeals.