Nye v. Kelly

The opinion of the court was delivered by

Gordon, J.

Respondents in their official capacity as directors of the penitentiary brought this action against the appellants as bondsmen of J. H. Ooblentz, late warden of that institution, and also against defendant Levi Ankeny, as administrator of the estate of said Ooblentz. From a judgment in respondent’s favor the bondsmen have appealed. The first contention of the appellants is that the action should have been dismissed because respondents did not obtain leave of court to prosecute the action. Section 695, 2 Hill’s Code (Bal. Code, § 5685),…