Ryal

This action was brought to recover from defendants the sum of two thousand dollars for which it is alleged they are liable upon an undertaking in that amount executed by them as sureties in a criminal action and which was declared forfeited by the superior court of San Luis Obispo County for breach of its conditions. These are all the allegations in the complaint respecting said undertaking, save that it is annexed to the complaint as a part thereof.

The undertaking sued on is a bond on appeal. It is entitled People of the State, etc., Plaintiff, v. Teofil Klempke, Defendant, and recites and provides that an order having been made by the superior court of San Luis Obispo County admitting said defendant to bail pending appeal in the sum of two thousand dollars, “We, A. M. Ryal . '. . and Henry C. Hansen . . . hereby undertake . . . that Teofil Klempke will surrender himself in execution of the judgment upon its being affirmed or modified, or upon the appeal being dismissed, or . . . in case the judgment is reversed and the cause remanded for a new trial that he will appear in the court to which said cause may be remanded and submit himself to the orders and decrees thereof, or if…