Seeley

Respondent recovered judgment upon an undertaking given to the sheriff to release an attachment. Respondent was plaintiff in the attachment suit. Cook Lumber Company was defendant. The lumber-yard of said defendant had been attached and the release bond sued on in this case was executed by the defendants in this action, A. L. Seeley and J’. R. Phelps. J. R. Phelps alone appeals.

The undertaking recited the commencement of the action, the levying of the attachment and that “whereas the defendant is desirous of obtaining the release, of said attachment and the return of said property so attached to him before the return of said writ by said sheriff; Now therefore, we the undersigned ... in consideration of the premises and in consideration of the release from attachment of all of the property attached, . . . undertake in the sum of $3,500 . . . and promise that in ease the said plaintiff recovers judgment in said action the said defendant will on demand redeliver such attached property so released to the proper officer, to he applied to the payment of the judgment, or in default thereof the said defendant and sureties (italics ours) will on demand pay to the said plaintiff the full…