Pence v. Durbin

Whitson, J.,

delivered tbe opinion.

Hollistee, J., concurred. Nogckle, C. J., dissented.

Tbis action was brought in tbe district court of Ada county, by Stephen Durbin against Peter Pence and E. S. Sterling, to recover tbe damages alleged to have been sustained by reason of the issuing of an injunction in favor of one H. M. Ereeman, against tbe said Durbin, upon the undertaking to wbieb Pence and Sterling bad become sureties. Tbe defendants demurred to tbe complaint upon two grounds: 1. That several causes of action bave been improperly united. 2. Tbe said complaint does not state facts…