Roberts v. Fitzgerald

The appellants herein were sureties of the defendant upon a bond staying execution after judgment rendered by a judge pro tempore of the superior court of Los Angeles County in favor of the respondent. By the terms of said bond the appellants agreed that they should be liable if the judgment be affirmed or the appeal dismissed, and that if the appellant should fail to make payment within 30 days after filing of the remittitur “judgment may be entered on motion of respondent, in his favor, against the sureties for such amount.” The defendant’s appeal was dismissed, judgment was, more than…