Benson

The defendants appeal from a judgment against them as sureties on a replevin bond. The following facts appear from the findings of the court:

On December 12, 1922', Sam Caplan and I. H. Caplan commenced an action in the superior court of the ’ state of California, in and for the county of Fresno, against one S. S. Smith. Said action was in replevin, the plaintiffs therein claiming to be entitled to .the possession of certain personal property then in the possession of defendant. A writ of replevin issued and the goods were seized by the sheriff and delivered to the plaintiffs. The defendant Smith filed an answer in said action, demanding the return of the property or its value, alleged to be $4,000. The plaintiffs in said action filed a replevin bond signed by Olender and Samuels, defendants herein, which bond contained the following clause: “Now therefore, we, the undersigned, residents of the said County, in consideration of the premises and of the delivery of the said property to the said plaintiffs do hereby undertake and acknowledge to the effect that we are jointly and severally bound in the sum of Eight Thousand Dollars, being double the value of said property as stated in…