Churchill

Appeal by plaintiff from an order of the superior court of Santa Barbara county.

The case is this: Plaintiff obtained a judgment in an action for claim and delivery, by which judgment he recovered from defendant possession of certain specified personal property, or $1,636.80, the value thereof, in case delivery could not be had. From this judgment defendant appealed and gave an undertaking on appeal and a further undertaking in double the amount of the value of said property, conditioned that “if that part of the said judgment so appealed from, or any part thereof, be affirmed, or the appeal be dismissed, the appellant will obey the order of the appellate court upon the appeal or will pay, in United States gold coin, the amount directed to be paid by said part of said judgment so appealed from, or by the part thereof as to which the said judgment shall be affirmed, if affirmed only in part, and all damages and costs which may be awarded against the appellant upon the appeal,” with the further stipulation “that if the appellant does not make such payment within thirty days after filing of the remittitur from the supreme court in the court from which the appeal is taken, judgment…