Brownlee

This action is upon an undertaking, executed by the defendants, for the release of property taken under a writ of attachment, in an action wherein the respondent here was plaintiff, and one W. D. Lewis was defendant.

The cburt below gave judgment for the plaintiff, and the defendants have appealed from the judgment, and an order denying their motion for a new trial.

Tl'ie court found that the plaintiff, Brownlee, commenced an action against Lewis, for the recovery of mojaey, in the superior court of San Diego County, and too|c out and caused to be levied on the property of Leváis a writ of attachment; that after the levy, the de3 executed and filed in court, for the benefit *448 of plaintiff, and pursuant to sections 554 and 555 of the Code of Civil Procedure, the written undertaking sued upon; that upon the filing of the undertaking, the court ordered all the property attached to be released and returned to Lewis, and the sheriff thereupon released the same; that such proceedings were afterwards had in the action that the plaintiff recovered judgment therein for the sum of $524.30, no part of which had been paid; that after the recovery of the judgment, and before the…