Foss

The defendants Foss, Craycroft and Mil-lark prosecute this appeal from the judgment entered herein against all the defendants.

The action was instituted to enforce the obligation of defendants on an undertaking executed by them for the release of an attachment of money and real property in an action prosecuted by plaintiff herein against the Fresno Dehydrated Products Company, the owner of such property. The undertaking recited the seizure of the property by the sheriff under the writ of attachment and provided that “in consideration of the release from the attachment of the property attached,” the sureties “do hereby, jointly and severally, undertake in the sum of ten thousand dollars, and promise in case the said plaintiff recover judgment in this said action, the said defendant will on demand redeliver such attached property so released to the proper officer to be applied to the payment of the judgment; and that in default thereof said defendant and sureties will on demand pay to said plaintiff the full value of the property released not exceeding the amount of said judgment.” It is admitted. that the value of such property was in excess of $10,000. January 7, 1922, judgment…