Mulford v. Estudillo
California Supreme Court
Appeal from the District Court, Third Judicial District, Alameda County. The principal facts are stated in the report of this case on the former appeal, found in 23 Cal. 94. A brief recapitulation will here be made to elucidate the points decided. Boyreau sued Campbell and others in the Circuit Court of the United States for the Northern District of California, to recover possession of a portion of the Rancho San Leandro, in the County of Alameda.
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Appeal from the District Court, Third Judicial District, Alameda County. The principal facts are stated in the report of this case on the former appeal, found in 23 Cal. 94. A brief recapitulation will here be made to elucidate the points decided. Boyreau sued Campbell and others in the Circuit Court of the United States for the Northern District of California, to recover possession of a portion of the Rancho San Leandro, in the County of Alameda. The plaintiff recovered judgment, and the defendants appealed to the Supreme Court of the United States and procured a writ of error bond signed by…
1Opinion of the Court
By the Court, Rhodes, J.:
The first inquiry is, what was determined by this Court on the last appeal in this case ? The case is reported in 23 Cal. 94. The plaintiff alleged in his complaint, that while the case of Boyreau v. Campbell was pending in the Supreme Court of the United States, the defendants executed to the plaintiff and others the instrument in suit—which the parties call a bond of indemnity—by which the makers of the bond agreed to indemnify the obligees and their sureties upon the writ of error bond against all damages and costs recovered or to be recovered in the case of…
2Cases cited1 opinion
- Mulford v. EstudilloCalifornia Supreme Court · 1863
3Cited by30 opinions
- Tomaier v. TomaierCalifornia Supreme Court · 1944
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Stockton Theatres, Inc. v. PalermoCalifornia Supreme Court · 1956
- Electronic Equipment Express, Inc. v. Donald H. Seiler & Co.California Court of Appeal · 1981
- Lindley v. KelleyIndiana Supreme Court · 1873
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