Shaffer

In the month of February, 1916, 0. Dinelli and Francis Francisco were arrested upon a burglary charge in Merced County. They were committed by the justice of the peace to the custody of the sheriff and their bail fixed at five hundred dollars each. After setting out these facts, the third amended complaint alleges further: “Said H. S. Shaffer and said J. J. Griffin and each of them for the purpose of re-> leasing the said 0. Dinelli and the said Francis Francisco from actual custody upon said charge, and in order that said 0. Dinelli .and the said Francis Francisco might be released therefrom, entered into and executed an obligation, bond, and undertaking”; that said bond was presented to the justice of the peace, who accepted and filed the same; “that a copy of said obligation, bond, and undertaking as the same was written when made, executed, and delivered to the people of the state of California by the said H., S. Shaffer and the said J. J. Griffin, as aforesaid, is hereunto attached and made a part hereof and marked Plaintiff’s Exhibit ‘A’ ”; “that after the said 0. Dinelli and said Francis Francisco wére taken into custody as aforesaid one L. J. Schino, an attorney of Merced,…