Woolley

This is an appeal from a judgment in favor of the plaintiff in an action for false imprisonment. There is no controversy over the facts. February 18, 1914, the appellee was appointed administrator of the estate of Eusebia Woolley, deceased, by an order of the superior court of the state of California, in and for the city and county of San Francisco. March 28,1923, the appellant became surety on his bond as such administrator. July 14, 1927, the appellant, from its home office in Baltimore, addressed a letter to one of its representatives in the city of San Francisco, inclosing a petition for its release as surety on the above bond, with instructions to have the same acted upon as promptly as possible. August 6, 1927, the petition for release was filed in the proper court; on the same day an order was entered fixing August 22, 1927, as the time for hearing, and directing that notice in writing of the time and place of such hearing be served upon the administrator ten days- before. August 8, 1927, notice was served as directed, and the appellee not appearing at the time and place appointed the court inquired of representatives of the appellant then present whether they desired an…