Hamilton

The question for decision arises out of the following facts: In May, 1891, the “Auburn Opera House and Pavilion Association” brought suit against George M. Hill to recover the sum of one thousand dollars, claimed to be due upon contract, and caused a writ of attachment to be issued therein under which money and other property was attached. On September 22, 1891, on the application of the defendant in said action, the court fixed the amount of the bond or undertaking for the re delivery of the attached property at fifteen hundred dollars, and the defendants in this action became the sureties on such, bond, and the attached property was released and delivered to the defendant. In November, 1891, the cause came *94 on for trial, and at the conclusion of plaintiffs evidence the court granted defendant’s motion for a nonsuit. From that judgment and an order denying a new trial the plaintiff appealed, and this court, on March 9, 1893, reversed said judgment and order. ( 32 Pac. Rep. 587 .) On January 9, 1895, said cause was again tried, and the plaintiff had judgment for the full amount of its claim and interest. Thereafter, in September, 1895, execution was issued thereon, and was…