12 S.D. 171 | S.D. | 1899
In this action to recover upon a bond given as indemnity against loss caused by the issuance of a restraining order at the suit of defendants against plaintiff . for an accounting it is stated in the complaint that by reason of such order plaintiff was damaged in the sum of $300, occasioned by delay in harvesting, threshing, and marketing certain grain owned by him, and raised during the year 1897,' on land of which defendants are the owners. Answering this complaint, and by way of counterlaim, defendants sought to recover $400 for the use and occupation of the premises during the time mentioned, and which it is alleged plaintiff wrongfully and without