Miller v. South Hills Trust Co.

Opinion by

Linn, J.,

This appeal is from the refusal to take off a non-suit in an action on a bond given on obtaining a preliminary injunction. While the non-suit was entered for lack of proof of damage, we must consider two questions: (1) was there sufficient evidence of damage to go to the jury? (2) ean the plaintiff, as one of the obligees named in the bond, maintain the suit, or must all the obligees join as plaintiffs?

The preliminary injunction was obtained ex parte on the bill and injunction affidavits pursuant to equity rules 81 and 82 (since revised as rules 38 and 39). The restraint…