Kowalsky

On January 26, 1891, the plaintiff obtained a judgment in the superior court of Los Angeles county against the defendant H. I. Kowalsky for the sum of $1,284.70, from which he appealed to the supreme court, and to perfect the appeal, and to stay execution of the judgment, filed with the clerk of the superior court an undertaking in the sum of $3,300, signed by appellants E. H. Kowalsky and A. Everett Ball as sureties. The undertaldng expressed the conditions prescribed by sections 941 and 942 of the Code of Civil Procedure; among them the condition that, if the sureties did not pay according to the undertaking within thirty days after the filing of the remittitur from the supreme court in the superior court, “judgment might be entered on motion of plaintiff and respondent in plaintiff and respondent’s favor *760 against the said E. H. Kowalsky and A. Everatt Bell, the sureties aforesaid, for such amount, together with the interest that may be due thereon, and the damages and costs that might be awarded against the defendant and appellant upon the said appeal.” On October 12, 1891, the supreme court dismissed the appeal, and the remittitur was filed in the superior court on…