Crane

Defendants were sureties upon an undertaking on appeal in an action of ejectment, wherein one Huff was plaintiff and C. W. Doyle defendant, and the present action was brought by plaintiffs upon the undertaking to recover the costs and damages, and for the value of the use and occupation by the defendant in ejectment pending the appeal.

This Court reversed the judgment in ejectment of the District Court, and directed that Court to render judgment in favor of Doyle for his costs, etc. In obedience to the remittitur of the Supreme Court, the District Court entered judgment in favor of Doyle for his costs. Subsequently Huff “ caused a writ of error to be issued out of the Supreme Court of the United States, whereby said cause was removed from the Supreme Court of the State of California to said Federal Court for review, and such proceedings were had and taken in said cause in the Supreme Court of the United States, that on the 15th day of January, 1877, said last-named Court made and caused its judgment to be entered therein, whereby the judgment and order of the Supreme Court of California, made in said cause on the 6th day of April, 1875, aforesaid, was reversed, and said cause was…