Ellinwood

From the several statements of fact contained in the record herein, it is assumed by this court that the pertinent and essential conditions which appertain to the application herein are substantially that in an action pending in the superior court between the parties hereto the plaintiff therein recovered judgment for a substantial amount; that thereupon the defendant gave notice of appeal and, in accordance with the provisions of the statute with reference thereto, for the purpose of staying execution of the judgment pending such appeal, filed an undertaking which was executed by a regularly authorized corporation that was en gaged in the surety business; that upon exception being taken by the plaintiff to such undertaking, and following several stipulated continuances of the hearing on the proposed justification of said surety, the said surety failed to justify; that four days thereafter, in place of the original undertaking, the defendant offered to substitute another undertaking that was executed by two individual sureties; whereupon the plaintiff excepted to said sureties and objected to the giving of said undertaking on the ground “that there was no provision in law for…