Carter

This is an action on an injunction bond alleged to have been executed by the defendant Mulrein as principal, and the other defendants as sureties, in a certain action in the superior court in which the said Mulrein was plaintiff, and I. S. Kalloch and Carter (the plaintiff herein) and others were defendants. Judgment (in the case at bar) went for plaintiff, and the defendants Alpers and Westphal, two of the sureties on the bond, appeal from the judgment, and from an order denying a new trial.

The first point made by appellants is, that the complaint does not state a cause of action,—that point having been made, also, in the court below on an objection by defendants to the admission of any evidence on the part of plaintiff. And we see no escape from holding that the point is well taken.

It fully appears, from the complaint, and is admitted on the argument, that, in the said case of Mulrein v. Kalloch et al., an order was signed by the judge of the court on March 3,1881, and filed March 4, 1881, that an injunction issue “on the filing-by plaintiff of a joint and several undertaking to the defendants in the sum of seven thousand five hundred dollars, with two sufficient sureties ”;…