Lyders

The petitioner commenced a proceeding asking a writ of mandate directed to Department Four of the Superior Court of the State of California in and for the City and County of San Francisco- and the judge thereof, directing them to approve an undertaking theretofore tendered as a stay bond on appeal. The respondents answered and the parties have submitted a stipulation of facts.

Heretofore five different actions were commenced by Inger Marie Petersen et al. against Erie Lyders and judgment was obtained in the sum of $16,058.13. A motion to tax costs and a motion for a new trial were made but both motions were denied. Thereupon the defendant served a notice of appeal. On September 6, 1932, he filed an undertaking in the sum of $32,116.26, double the amount of the judgment appealed from, and the said undertaking was executed by Benjamin Franklin Bond & Indemnity Corporation, a corporation organized under the laws of the state of Arizona and at that time doing business in the state of California. In due time the plaintiffs in said actions served their notice excepting to the sufficiency of the surety. On September 19, 1932, the hearing of the justification commenced. It was continued…