Mullally

Plaintiff brought an action in superior court against one Thomas J. Kelly to recover the sum of one thousand dollars, and procured a writ of attachment to issue and to be levied on property of the said Kelly, consisting of furniture, carpets, and household goods in a certain hotel kept by Kelly. Thereupon Kelly executed to the plaintiff a bond in the sum of $1,500 for the release of said property from the attachment, pursuant to the provisions of sections 554 and 555, of the Code of Civil Procedure, upon which bond Townsend and Ward, the defendants in this action, became his sureties, and the attached property was thereupon released. The obligatory part of said bond is as follows:

Thereafter the plaintiff recovered judgment in said action against said Kelly for the sum of $785.51, including costs, and an execution issued thereon was placed in the hands of the sheriff for execution, with instructions to levy upon said property which had been so attached and released; but the officer was informed by Kelly and one Hunter that after said release Kelly had executed to said Hunter a chattel mortgage upon the whole of said released property to secure the sum of $500, which mortgage had…