Smyth v. Fidel. Dep. Co. of Md.

Opinion by

Cunningham, J.,

The action below was assumpsit against the principal and surety in a certain injunction bond. Plaintiff, an attorney at law, had been restrained by an injunction from transferring a certain stock certificate, then in his possession but belonging to a client and upon which he claimed a lien for professional services, and brought the present suit to recover damages allegedly sustained by reason of the injunction. The principal in the bond was not served and the action proceeded against the surety.

There is no dispute about the facts. At the trial, plaintiff alone offered…