Dean

This is an appeal from a judgment in favor of plaintiff taken against W. E. Yandervort and George W. Wood for the sum of $614 in this action, in which the above persons were the sureties of the appellant herein upon an undertaking to stay execution upon a former appeal. The judgment upon such former appeal having been modified in some respects but otherwise affirmed, and the remittitur having issued thereon, and the appellant not having paid the amount of said judgment, the judgment creditor caused a judgment to be entered against the said sureties upon the undertaking on appeal in accordance with the terms of section 942 of the Code of Civil Procedure. The sureties have not appealed from said judgment, but the defendant, their principal, prosecutes this appeal therefrom.

It is contended by the respondent that the appeal should be dismissed for the reason that the defendant has no right of appeal from a judgment taken under said section of the code against his sureties on a former appeal. We do not deem it necessary, however, to decide this question, for the reason that we find from the record before us that there is no merit otherwise in this appeal.

The status of this case is…