Ducket v. Price

Beck, O. J.

Appellants brought suit in the court below upon an injunction bond, averring in their complaint the dissolution of the injunction, and stating several claims for damages accruing to them by the wrongful suing out of the injunction.

Appellees, who are the principals and sureties upon the injunction bond, demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action.

The demurrer was sustained, and the appellants amended their complaint; appellees demurred to the amended complaint, assigning the same ground of demurrer. The court again…