Brown

This is a motion for supersedeas, based upon the following facts: The defendants appealed from a money judgment, and in due time filed a stay bond in sufficient amount and proper form. On November 24, 1896, plaintiff excepted to the sufficiency of the sureties> and defendants gave notice that they would justify before the county clerk on December 4th, at 11 o’clock^ A. m. At that day and hour the plaintiff attended before the clerk, but neither the defendant nor her sureties appeared. On the same day, December 4,1896, the defendant’s attorney, who resided and had his office in San Francisco, mailed to plaintiff’s attorney at San Jose, where he resided and had his office, another notice, to *620 the effect that the sureties would justify before the county clerk of Santa Clara county—the county in which the action had been tried—on the tenth day of December, 1896, at 11 o’clock a. m.

■ At that day and hour the defendant’s attorney appeared at the clerk’s office and tendered a new bond, with other sureties, who duly justified before the clerk, and he thereupon approved and filed said bond. The plaintiff’s attorney, deeming the second notice of justification of the sureties…