McMillan v. Dana
California Supreme Court
Appeal from the Twelfth District. Suit upon the undertaking set out in the opinion of the Court, given under secs. 136 and 137 of the Practice Act.
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Appeal from the Twelfth District. Suit upon the undertaking set out in the opinion of the Court, given under secs. 136 and 137 of the Practice Act. The material portions of the complaint are as follows: “ That, etc., on December 17th, 1856, the plaintiff commenced an action, etc., against one Garrett N. Yischer, to recover, etc., $11,000 for money had and received by said Yischer to plaintiff’s use, and on December 22d, 1856, sued out, etc., in said action in due form of law a writ of attachment, directed to the Sheriff of the county of San Francisco, directing him, among other things, to…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
The plaintiff brought suit upon this undertaking.
“ Robert McMillan v. Garret N. Vischer.
“ Whereas, the above named plaintiff has commenced an action in the aforesaid Court against the above named defendant for the recovery of six thousand four hundred dollars, and whereas an attachment was duly issued and served, as will more fully appear by the Sheriff’s return on the process in said case.
" Now, therefore, we the undersigned residents of the city and county of San Francisco, in consideration of the premises, and in consideration of the release from attachment of the…
2Cited by15 opinions
- Gardner v. DonnellyCalifornia Supreme Court · 1890
- Bailey v. Aetna Indemnity Co., of HartfordCalifornia Court of Appeal · 1907
- Murphy v. MontandonIdaho Supreme Court · 1892
- Passow & Sons v. United States Fidelity & Guaranty Co.California Supreme Court · 1917
- McCormick v. National Surety Co.California Supreme Court · 1901
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