Bailey

This is an appeal by the plaintiff from a judgment denying his petition for a writ of mandate. That judgment followed an order sustaining a demurrer to the petition and failure of the plaintiff to amend.

The petition shows that a certain action entitled Matthew Bailey v. Security Trust Company et al., in the superior court of the county of Kern, was an action in claim and delivery wherein the plaintiff made the affidavit and gave the undertaking required to obtain the provisional remedy allowed by the Code of Civil Procedure, section 509 et seq. Pursuant to notice duly indorsed upon the affidavit the defendant herein, sheriff of the county of Kern, took possession of the personal property for recovery of which the action was being prosecuted. The petition herein says that the defendant as sheriff “received some sort of undertaking from the defendant Security Trust Company for the purpose of the redelivery of the personal property herein described on or about July 23, 1913”; that no notice was given to the plaintiff or his attorney of a time and place when the sureties on defendant’s said undertaking would justify, and those sureties have not justified in any manner or at all.

On…