Olsen

Plaintiff recovered a judgment of foreclosure and sale against defendants, W. H. Birch & Co. and the Yukon and Northwestern Dredging and Transportation Company, as owners of the steamship City of Dawson for the foreclosure of certain liens against the said vessel, under the provisions of chapter 6, sections 813 et. seq., of the Code of Civil Procedure, relating to actions against steamers, vessels, and boats.

The defendants appealed from the judgment and decree so made, and gave an undertaking, with appellants as sureties, in double the amount of the judgment, for the purpose of staying execution thereon. The judgment was affirmed on appeal (133 Cal. 479, [ 65 Pac. 1032 ]), and upon filing the remittitur in the court below, on motion of counsel for plaintiff, judgment was ordered and entered without notice against the'appellants as sureties on said undertaking for the amount of the judgment with interest and costs. From this judgment this appeal is taken.

The sole question is as to whether there was any consideration for said undertaking. If there was no consideration the sureties are not liable, and the judgment must be reversed.

In the judgment of foreclosure, which was the…