Howland v. Lampton

So far as concerns a decision on the application herein for a writ of mandate, the essential facts are that in an action pending in the Superior Court judgment was rendered in favor of the plaintiff, R. S. Howland, and against the defendant, Sallie 0. Scott. An appeal was taken by defendant from the judgment rendered against her, and an undertaking to stay execution of the judgment was duly filed. The sureties on the undertaking failed to justify. Thereafter a new undertaking was filed. In due course an objection by the plaintiff to the effect that said second undertaking was insufficient in…