Farley v. Moran
California Supreme Court
APPEAL from Superior Court, Lassen County; W. F. Hasten, Judge. Action by Catherine Farley against Moran Bros, and J. W. Doyle and J. C. Wimple for violation of a bond. From a judgment for plaintiff defendants Doyle and Wimple appeal. Affirmed.
1Opinion of the Court
FOOTE, C.
This action is on a bond executed by Moran Bros, as principals, and J. W. Doyle and J. C. Wimple as sureties. The principals were never served with summons, and judgment was rendered against the sureties only. From that, and an order refusing a new trial, the defendants bring this appeal.
The bond was given under a proceeding for the condemnation of land for a public use; that is, for the building of a railroad. Those proposing to condemn the land were not associated as a corporation, but as copartners. It is provided in section 1244, Code of Civil Procedure, what parties may file a…
Also in this document: Per curiam.
2Cases cited4 opinions
- Mitchell v. BeckmanCalifornia Supreme Court · 1883
- Hathaway v. DavisCalifornia Supreme Court · 1867
- Butte County v. BoydstonCalifornia Supreme Court · 1883
- Battelle v. ConnorCalifornia Supreme Court · 1856