Rickert

Action on a hail hond. Defendants appeal on the judgment-roll alone.

Appellants concede that all the facts are contained in the findings of the trial court. According to the findings, there was filed on December 9, 1921, in the superior court of the state of California, in and for the county of Los Angeles, an indictment entitled “People of the State of California v. W. S. Kirby,” being case No. 17,481, wherein the defendant was charged with the crime of bribery. On said day the court admitted said defendant to bail in the sum of ten thousand dollars and ordered that he be committed to the custody of the sheriff of Los Angeles County until he give such bail. On December 10th the defendant was duly arraigned on said charge. On the thirteenth day of December a demurrer to said indictment was duly filed, and on December 14th said demurrer was sustained. The court ordered the said cause to be resubmitted to the grand jury of the county of Los Angeles, and that the defendant be remanded to the custody of the sheriff. Thereafter, on the seventeenth day of December, the defendants above named made and executed the bail bond sued upon herein. On said date the said bail bond was duly…