Ward

The appeal is from a judgment of dismissal entered upon an order sustaining a demurrer to the third amended complaint. After an allegation of the corporate capacity of defendant, the complaint proceeds in the second paragraph:

“That on or about the 10th day of March, 1916, a writ of attachment was duly issued in said action, and in said month duly levied by the sheriff of Mariposa county upon certain property, to-wit, a lot of gold bearing ore in an ore bin, the property of said defendant. That on or about the 16th day of March, 1916, the said Nettie C. McIntyre, as principal, and the said Massachusetts Bonding and Insurance Company, a corporation, as surety executed a written undertaking in words and figures as follows:

In the third paragraph it is alleged:

The fourth paragraph alleges the recovery of a judgment by plaintiff in said action against the defendants therein for the sum of $1,287.50, that said judgment is in full force and effect and unsatisfied.

“That execution thereon was issued by the clerk of said Superior Court and delivered to the sheriff of said Mariposa County; that upon receipt of said writ of execution and prior to its return as hereinafter alleged, said…