Newbern v. Service Pipe Line & Mining Co.

The opinion of the court was delivered by

Harvey, J.:

This is a suit on an injunction bond. The trial court sustained a demurrer to plaintiff’s evidence and he has appealed.

The bond sued on had been given in an action in which the Service Pipe Line and Mining Company and the K-S-N Oil and Gas Company were plaintiffs and R. B. Newbern was defendant. Plaintiffs claimed to own a certain interest in an oil and gas lease which stood in the name of Newbern. The action was to establish such ownership in plaintiffs, and, pending the trial of the action on its merits, to restrain and enjoin Newbern from…