Alexander

There is pending in respondent court an action wherein Max B. Jamison, Lloyd J. Killian and others are plaintiffs and Jesse Alexander and others are defendants. The plaintiffs therein, desiring to procure the issuance of a writ of attachment, made application to respondent clerk therefor, and among other things submitted to him a so-called undertaking, on attachment, but signed only by Jamison and Killian. The body of this paper, after stating the conditions of the obligation it was intended to evidence, concludes: “In testimony whereof, the said sureties, and each of them,” have affixed their hands and seals on a given date. This statement is followed by the signatures of the two plaintiffs mentioned above. The so-called undertaking was accepted as such by the clerk and he issued a writ of attachment on December 5, 1927. On December 7 the defendant Jesse Alexander (the petitioner here) served and filed 'a notice of motion to dissolve and discharge the attachment on the ground, among others, that the writ was improperly and unlawfully issued because the purported undertaking was a nullity. At the time the motion was set for hearing the plaintiffs filed an undertaking in a…