San Diego Water Co. v. Pac. Coast S.S. Co.

This is an action upon an undertaking alleged to have been given in consideration of an injunction in an action by the steamship company against the plaintiff, and upon which the individual defendants were sureties.

It is denied that any injunction was ever issued in the suit alluded to, and the finding of the court sustains the denial.

It appears, however, in the statement that an action was brought to obtain an injunction, and that before the complaint was filed the plaintiff obtained an order to show cause why an injunction pendente lite should not be issued. This order contained no restraining clause, but did require the plaintiff to give a bond to the defendant in the sum of five hundred dollars.

In pursuance of this order the undertaking sued on was given, and recites that the plaintiff is about to com *218 menee an action and to apply for an injunction “ as in the complaint filed in the .said action is more particularly set forth and described.”

The order was made November 10th, and the undertaking approved on the same day. The next day another order to show cause was made, returnable at the same time that the first order was made returnable. This order contained a…