Jensen

Defendants appeal from a judgment entered in the trial court in favor of -plaintiff. The action was to recover upon an undertaking or bond alleged to have been given to secure payment of any judgment which plaintiff might obtain in an action brought by him against one Dorr, which action was pending at the time of the execution of the undertaking. In the action referred to plaintiff sought to recover, on his own behalf and as assignee of other claimants, for labor and material furnished in the construction of the yacht “Yankee Girl.” The total amount there prayed for was about four thousand dollars. Judgment was asked to enforce the claim as a lien against the yacht. An answer was filed, but the trial court, responsive to a motion made by the plaintiff in that behalf, held that no material issue was raised by reason of the denials contained in the answer, and entered judgment in favor of the plaintiff on the pleadings. Defendant Dorr appealed to the supreme court. In the meantime Dorr had been declared a bankrupt and a sale had been made of the “Yankee Girl” by the assignee in bankruptcy, the purchasers at the sale being one Sandoval and the International Fisheries Company. While…