Hannon

A judgment for the recovery of the principal sum of $1,104.15 was entered against defendant, from which judgment he appeals.

The action was one brought upon an undertaking executed by defendant and one John Hickson, as sureties, and given for the purpose of preventing a levy being made under a writ of attachment issued in an action wherein the plaintiff here was the plaintiff and the Hickson-Hannon-Burns Company was defendant. Defendant Hannon, after being duly served with summons, made no appearance in this action and the judgment taken was entered upon his default.

The contentions of appellant are: First, that the complaint shows that an undertaking had been given to prevent a levy being made under the writ of attachment prior to the time that the undertaking upon- which 'appellant became surety was furnished to the sheriff, -and that therefore the second undertaking was void and of no effect, because the levying of the writ had already been stayed; second, that no consideration for the giving of the second undertaking is shown, for the reason that it does not appear that the Hickson-Hannon-Burns Company hat at the time such undertaking was executed any property upon which the…