Crooker

The defendant in error brought an action against the plaintiffs in error to recover damages caused by the alleged fraudulent practices of the plaintiffs in error, and in her complaint she prayed that an order of arrest be issued against the plaintiffs in error, and each of them, under sections 479, 480, and 481 of the Code of Civil Procedure of the state of California. The court below signed an order for the arrest of the plaintiffs in error, and directed that they be held in custody and for bail in the sum of $10,000 each for Edwin R. Crooker and W. P. Ellis, and $5,000 each for Louise E. Crooker and F. W. Sterling. Thereafter the marshal took in custody the said plaintiffs in error, and they each gave bail as required by the order of arrest. Subsequently the plaintiffs in error moved that the order of arrest be vacated. The motion was overruled. Thereafter, and before a trial on the merits of the case, the plaintiffs in error sued out a writ of error from this court to review the judgment of the court below in denying the motion to set aside the order of arrest.

[1, 2] The defendant in error has moved to dismiss the writ of error on the ground that the order so sought to be…