Bellafont

The action brought upon a criminal bail bond resulted in a judgment by default against the defendants from which the appeal was taken.

The sufficiency of the complaint is assailed for the reasons: 1. That there is no allegation that Juan Santos (the principal) “was released from custody upon the execution and delivery of the bond”; and 2. “There is no allegation that any condition of defendants’ obligation, as set forth in the bond has been broken.”

Neither of these contentions can be maintained. As to the first, the allegation of the complaint is “That after said order fixing the hail of said Santos in the sum of fifteen hundred dollars was made by said judge, the defendants herein appeared before the said judge and executed to this plaintiff an undertaking of bail in the sum of fifteen hundred dollars, in which undertaking of bail the defendants herein agreed to pay to the people of the state of California the sum of fifteen hundred dollars. . . . That upon the giving of said undertaking of bail by the defendants herein and the same having been approved by the said judge, George J. Hoadley, the said Juan Santos was released from the custody of the constable of the said Delta…