Dreisbach

The defendant, Braden, as sheriff of Plumas County, and the National Surety Company, as the surety on his official bond, were sued by plaintiffs for the sum of $1,050, the alleged value of about 50 tons of chrome ore which they had purchased at an execution sale and which they alleged the sheriff had not delivered to them, and for damages caused to them by his failure so to deliver said ore. Defendants had judgment, from which plaintiffs prosecute this appeal.

The first finding of the court was: That all the allegations in plaintiffs’ complaint-in paragraphs 1 to 11, inclusive, are true.

Said paragraphs of the complaint, briefly, are: That plaintiffs at all times mentioned were copartners under the name of Zenith Chrome Mining Company and have complied with the laws of the state relative to copartnerships; that the defendant, National Surety Company, is a corporation organized under the laws of the state of New York and authorized to do business in the state of California; that defendant, Braden, is the sheriff of Plumas County and that'he executed an official bond, with the usual covenants, with the defendant, National Surety Company, as surety, which was duly ap-' proved as…