Berger

This is upon a motion to reverse a judgment dismissing appellants’ complaint. The appeal has been perfected and both parties are within the jurisdiction of the court. A notice of motion with an accompanying copy of the motion and a brief in support thereof was served upon appellees more than six weeks before the date of the hearing, of which latter date the appellees were duly notified. Appellees failed to appear at the hearing and the motion was submitted without argument on appellants’ brief and the transcript of the record.

The complaint sets forth two causes of action. The first, with which appellants are solely concerned, is to recover from appellees, Berger, Wells, Ervin and McDonald, as bondsmen on an undertaking given on the issuance of a temporary injunction in a suit numbered A-1053 in the District Court of the United States for the Territory of Alaska, Third Division, brought by Berger against appellant Ohlson as General Manager and J. T. Cunningham as Acting General Manager of the Alaska Railroad, to restrain the collection of appellants’ toll charges for wharfage services to Berger across the dock of the Alaska Railroad at Anchorage, Alaska.

The defendants demurred…