Sullivan

This is an action brought by defendants in error to recover damages on a bond given to obtain a temporary restraining order. The original action was in ejectment to recover possession of a fractional mining claim described as the “Little Chance Fraction.” At the time the original action was commenced an order to show cause was made, directing the said defendants in error to appear before the court on August 29, 1903, to show cause why an injunction should not issue pendente lite, enjoining said defendants in error from mining upon or extracting any gold from said claim, and in the meantime restraining the said defendants in error from so doing. The bond upon which this suit was brought was given to obtain this temporary restraining order. On the hearing the injunction pendente lite was granted. Afterwards, on April 9, 1904, the action in ejectment was tried, resulting in a judgment for the defendants in error.

The amended complaint set out several specific different causes of action, and damages in certain amounts were claimed in each count “by reason of the wrongful issuance of said injunction order.” Some of the causes of action were eliminated during the trial. The different…