Thomas

Defendants appeal from a judgment entered against them. The action was brought upon an undertaking given by Wilson as principal and Layer and Schenck as sureties to indemnify the plaintiff, who was a constable, for a liability which might accrue against him. Wilson was plaintiff in a certain civil action, in which action he required the plaintiff as constable to attach an automobile, which automobile was later claimed by a third party. Upon the demand of the third party the constable was about, to release the property, when the undertaking was given upon which this action was brought. Because of his retention of the property after the third party’s demand, the constable was subjected to a suit and judgment was recovered therein against him by one Bunnell, who was the third party referred to. There was evidence showing that upon this action of Bunnell’s being brought against the constable, the latter’s attorney called upon the appellants to assist in the defense of that action, and it appears that two counsel were employed by one or the other of the sureties (appellants here) and that such counsel did appear at the trial in defense of the action. Appellant Layer, one of the…