Marx

On December 17, 1947, in the Superior Court of the State of California in and for Los Angeles County, Andre Dusel brought an action (No. 538,461) against appellant, Don Marx, also known as Donald Frederick Marx, a citizen of California, for $9,861.78. In action No. 538,-461, an attachment was issued, directing the sheriff of Los Angeles County to attach the property of appellant as security for the satisfaction of any judgment which Dusel might recover therein. Before the attachment was issued, a written undertaking on the part of Dusel was filed with the clerk of the Superior Court, as required by § 539 of the California Code of Civil Procedure. ******The undertaking was executed by appellee, United States Fidelity & Guaranty Company, a Maryland corporation. The sum specified in the undertaking was $7,900. Under the attachment, property of appellant was attached by the sheriff on De •cember 17, 1947, and was held by the .sheriff from December 17, 1947, to January 22, 1948. Appellant recovered judgment in action No. 538,461 on September 12, 1950. No appeal was taken from that judgment. The time within which such an appeal might have been taken expired before April 9, 1951.

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