Rice

This is an action upon an undertaking for injunction to recover damages alleged to have been sustained by reason of the wrongful issuance thereof.

It is substantially alleged that on the twenty-seventh day of January, 1887, plaintiff was lawfully possessed of the tract of land described in the complaint, and that while so possessed, he was engaged in plowing and preparing it for seeding; that on said date the defendant Cook commenced an action against the plaintiff herein, in the superior court of Monterey County, in which he procured an injunction to be issued and served on plaintiff, enjoining him from plowing or seeding said land, or using the same for any purpose whatever, or from using the grasses then growing or standing thereon; that upon the issuing of the injunction, the defendants Hughes and Iverson, as sureties, executed their undertaking to plaintiff to pay to him such damages, not exceeding the sum of one thousand dollars, as he might sustain by reason of the injunction, if the superior court of Monterey County should finally decide that the plaintiff Cook was not entitled thereto; that the condition of the undertaking was broken by the dissolution of the injunction,…