Vatcher

On February 20, 1925, the respondent recovered judgment upon a promissory note executed by the defendant Y. M. Egas, and indorsed by the defendant J. E. Roman-Checa. On February 21, 1925, upon an affidavit reciting that execution had been issued, but that collection was impossible, although the defendants had property, and that the defendant Roman-Checa was about to depart from the jurisdiction, and to abscond and thus avoid process, he was arrested. On the date last mentioned bail was fixed in the sum of $1100, the amount of said judgment, whereupon the appellant furnished in his behalf an undertaking which provided as follows:

The defendant was thereupon released from custody and immediately left the state. An order for his examination in supplementary proceedings was issued, directing that the sheriff serve the same upon J. E. Roman-Checa personally, or, if he could not be found, that it be served upon the surety, which latter service was made for the reason o already stated. The company appeared from time to time, and after numerous continuances an order was entered forfeiting said undertaking to the People of the State of Cali fornia, for the use and benefit of the…