Grannis

This is an appeal from a judgment entered in favor of the plaintiff and against the defendants in an action on a bail bond. The case comes here upon the judgment-roll alone.

It appears from the complaint that on August 20, 1923, the defendant H. S. Leonard, who was charged with the offense of forgery and in custody, appeared in the justice court of Los Angeles township for arraignment for the purpose of preliminary examination. At said time and place, the preliminary examination was set for August 29, 1923. On August 21, 1923, the justice of the peace before whom the arraignment was to take place fixed a bond for the defendant in the sum of $2,000, and that both of the defendants in this action executed said bond and qualified thereon as sureties. Upon the filing of the bond the defendant Leonard was released from custody. On August 29,1923, the date upon which the preliminary examination was to take place, the court duly and regularly continued the hearing of the preliminary examination to September 4, 1923, at which time and place the preliminary examination was again “duly and regularly continued” until September 5, 1923. On September 5, 1923, when the ease was called for…