Jennings

The complaint states that on the 18th of October, 1854, an injunction issued in Polack et al. v. Jennings et al. and was duly served on the defendants in that suit. That upon the issuing of the injunction an undertaking was *203 filed signed, by L. Franklin and T. Tennent. That on the 12th of May, 1855, it was “ordered that the injunction herein be and the same is hereby dissolved, unless the plaintiffs within ten days file a bond with good "and sufficient sureties in the sum of $15,000.” That on the 21st of said month a new undertaking was filed signed by Franklin, Tennent and one Ford, in formal compliance with the order, and that the same was excepted to for insufficiency on the same day. That afterward, on the 31st of May, 1855, a new undertaking was filed in lieu of that last above named, wherein Polack was principal and the said Franklin and Tennent were sureties, in the words and figures following, to wit:

*204 The complaint, after setting out the justification by the sureties, proceeds as follows: ‘ ‘ which said last mentioned undertaking was duly delivered, received and substituted for that of the 21st of May, 1855.” It is .further alleged that on the 28th of April,…