City & County of San Francisco v. Staude

Fitzgerald, C.

This action is brought by plaintiff against the defendants as sureties on a forfeited undertaking of bail. The answer contains no denial of any of the material allegations of the complaint, but sets up two so-called separate defenses, which are, in substance, as follows: —

“1. That the woman whose release was procured by the execution of the undertaking herein was, previous thereto, tried by a jury for the crime of grand larceny, and they, having failed to agree upon a verdict, were discharged from the further consideration of the case; that by reason of such disagreement and the…