Curtin

In an action entitled Joseph F. Shain v. L. Du Jardin the defendants gave the undertalting, the subject of this action, on release of attachment.

The bond contained the usual preliminary recitals and stated that, in consideration of the release of the attachment, “the undersigned .... (defendants here) do hereby jointly and severally promise and undertake in the sum of five hundred dollars, and promise that in ease the .said plaintiff recover judgment in the said action, the said defendant will on demand pay the said judgment and all legal costs to the proper officer or to said plaintiff, or, in default thereof, the said defendant and his sureties will on demand pay to the said plaintiff the full value of the property so released, not exceeding the sum of five hundred dollars.”

1. Appellant contends that under section 540 of the Code of Civil Procedure, judgment should have been given for the full amount of the bond, and not for the value of the released property as was done, and that testimony as to the value of the property attached ought not to have been received.

Section 540 provides that the sheriff must attach and safely keep so much of defendant’s property “as may be…