Randall

This is an action commenced by the City and County of San Francisco against Randall and McCann, to recover $29,000 on five bail bonds given for the release of one John Tyler from custody on five alleged criminal charges. In four instances the charge was embezzlement; in the other, conspiracy. The complaint counts upon each bond, viz: 1st, Embezzlement, $15,000; *409 2nd, Embezzlement, $5,000 ; 3rd, Conspiracy, $5,000; 4th, Embezzlement, $2,000; 5th, Embezzlement, $2,000.

The said Tyler was arrested November 17th, 1877, upon warrants issued from the Police Judge’s Court of the City-, and County of San Francisco, and on the 23rd day of the same month the Police Judge made orders that he be admitted to bail. December 11th, 1877, the bonds were executed, and Tyler was released from custody. Subsequently the hearing upon the charges came on before said Police Court, and Tyler not appearing, the bonds were declared forfeited, and this action was commenced. Judgment was rendered against defendants Randall and McCann for the amounts of the bonds and interest; their motion for new trial was denied, and they appealed.

Thirty-eight points were made by defendants on their motion for a new…