Rosenthal

The plaintiffs here sued one Brusie in a justice’s court, and procured a writ of attachment to he issued which was levied by the township constable on one hundred tons of hay, the property of Brusie. Afterward, the defendants in the present ease executed an undertaking in which was recited that Brusie had appeared in such action in the justice’s court, and *242 applied for an order to discharge the attachment “upon the execution of an undertaking in accordance with the provisions of sections 554 and 555 of the Code of Civil Procedure,” and that said court had fixed the amount of such undertaking at five hundred dollars; the instrument proceeded that in consideration of the release of the property and the discharge of the attachment the obligors undertook “that in case the said plaintiffs recover judgment in said action the said defendant will on demand redeliver such attached property so released to the proper officer, .... or that, in default thereof, the said defendant and sureties will on demand pay to the said plaintiff the value of the property released, not exceeding the sum of five hundred dollars.” Upon the execution of said bond the officer released the hay to Brusie; a…