Kinkead v. Benton

By the Court,

Belknap, J.:

This action is brought to recover from the defendants as obligors upon a statutory undertaking given in consideration of the issuance of an injunction. A demurrer to the complaint, both general and special, was interposed and sustained. Plaintiffs declined to amend, and judgment was entered against them. The complaint alleges “ that the said plaintiff John H. Kinkead was the governor of the state of Nevada from the first Monday of January, 1879, to the first Monday of January, 1883; that said plaintiff J. F. Hallock was, -for the same period, controller of said state,…