Ayres

—Action by plaintiff against the sheriff of Los Angeles County, and his official bondsmen, for neglect of duty in refusing to serve a writ of attachment in an action by the present plaintiff against one Thomas. Plaintiff had judgment, from which defendants appeal.

In the action—Ayres v. Thomas-—which was commenced October 24, 1894, a writ of attachment was duly issued by the clerk on proper affidavit. To prevent the service of the writ, Thomas gave a bond on October 25, 1894, with two sureties, as provided in section 540 of the Code of Civil Procedure. This bond was in the usual form, reciting the pendency of the action, issuance of a writ of attachment, etc., and provided that the undersigned, “in consideration of the premises, and to prevent the levy of said attachment, do hereby jointly and severally undertake . . . and promise to the effect that if the plaintiff shall recover judgment in said action, we will pay to the plaintiff, upon demand, the amount of said judgment,” etc., and-the court found that the sheriff “ accepted said undertaking, and returned said writ of attachment unserved, except by. the taking of said, undertaking, and that he proceeded no further.” It was…