On motion to dismiss or affirm, under Rule V, section 3. It seems clear that there is no merit in the points mentioned in the brief for appellants. The bond contains a direct condition that the defendants will pay the obligations of respondent up to the sum of $3,000 specified in the bond. Jenicek had a judgment against the obligees, which was a lien on their property. The complaint did not directly allege nonpayment of the said judgment, but it did allege that said judgment constituted a lien on the described real property. From this we conclude that there is not a total failure to allege nonpayment. It is now too *497late for appellants on this appeal to urge for the first time that by reason of such a defect, the complaint does not state a cause of action. It is the opinion of the court that the motion should be granted. It is granted, and the judgment is affirmed.
(Bench decision, Jan. 23, 1933.)