Hansen v. Martin
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco. The plaintiff, several years ago, recovered a judgment against Lewis Martin for one thousand two hundred and twenty-seven dollars and costs. Martin appealed and filed an undertaking to stay execution as provided by the statute, with J. W. Hager and John T. Hill as sureties.
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Appeal from a judgment of the Superior Court of the city and county of San Francisco. The plaintiff, several years ago, recovered a judgment against Lewis Martin for one thousand two hundred and twenty-seven dollars and costs. Martin appealed and filed an undertaking to stay execution as provided by the statute, with J. W. Hager and John T. Hill as sureties. The judgment was affirmed, and upon the coming down of the remittitur the plaintiff moved the court upon affidavits setting out the above facts, for an order that J. W. Hager and John T. Hill appear and show cause why judgment should not…
1Per curiam
Martin, in appealing to this court from the judgment rendered against him, filed an undertaking with Dager and Hill as sureties. The judgment was affirmed, and on the going down of the remittitur the plaintiff moved, under section 942, Code of Civil Procedure, for judgment against the sureties. Hotice of the motion was served on Dager only. The court entered judgment against him alone.
"We think that it was error to render judgment under that section against one of the sureties only, no reason appearing why the other was not joined, except that he could not be found and served with notice. The…
2Cited by6 opinions
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- People v. American Bankers InsuranceCalifornia Court of Appeal · 1992
- People v. American Surety InsuranceCalifornia Court of Appeal · 1999
- Davis v. HeimbachCalifornia Supreme Court · 1888
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