Reay

In this action a former judgment in favor of one Treadwell, intervenor, and against tbe plaintiff, Reay, was reversed on appeal to tbis court witb costs to plaintiff. (Reay v. Butler, 69 Cal. 572 .) In due time plaintiff filed his bill of costs with tbe clerk of tbe superior court, and tbe amount thereof was regularly entered in tbe docket. Tbe executrix of said intervenor moved tbe court to strike out plaintiff’s cost bill, and her motion was denied. Thereupon she appealed from the order denying her motion, and Quaekenbush and Ames executed on her behalf an undertaking on appeal, which contained, among other provisions, the following: “And whereas tbe appellant is desirous of staying the execution of tbe said order, or execution *114 so appealed from, we do further, in consideration thereof and of the premises, jointly and severally undertake and promise and do acknowledge ourselves further jointly and severally bound in ... . double the amount named in said cost bill, and in said order, that if said order appealed from or any part thereof be affirmed, or the appeal dismissed, the appellant will pay the amount directed to be paid by the said order, .... and that if the appellant…