Asevado

The appellant, Thomas Orr, brought an action in June, 1891, against the respondents in the superior court of Siskiyou county, to restrain them from depositing any sand or gravel in ¡North Fork Cornish ditch, and from diverting the waters of Main Greenhorn creek from said ditch during a certain portion of each day; and immediately after the commencement of the action procured a writ of injunction to issue out of the court, which was served on the plaintiffs herein, restraining them, pending the litigation, from doing the acts complained of. For the purpose of procuring the issuance of the injunction the plaintiff, in accordance with the order of the judge therefor, filed an undertaking in the amount of five hundred dollars, executed by the other appellants herein, conditioned “ that in case the said injunction should issue, the said plaintiff, Thomas Orr, would pay the defendant in the said action such damages, not exceeding the sum of five hundred dollars, as the defendants therein might sustain by reason of the said injunction if the said superior court should finally decide that the said plaintiff, Thomas Orr, was not entitled thereto.” In December, 1891, the action was…