Mulford v. Estudillo
California Supreme Court
Appeal from the Third Judicial District, Alameda County. On the twenty-ninth day of January, 1857, Clement Boyreau recovered judgment in the Circuit Court of the United States for California, in an action of ejectment against Robert Campbell, Thos. W. Mulford, the present plaintiff, and thirty-six others, occupants of a portion of the San Leandro Rancho, for the recovery of the possession of a portion of said rancho, and costs of suit.
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Appeal from the Third Judicial District, Alameda County. On the twenty-ninth day of January, 1857, Clement Boyreau recovered judgment in the Circuit Court of the United States for California, in an action of ejectment against Robert Campbell, Thos. W. Mulford, the present plaintiff, and thirty-six others, occupants of a portion of the San Leandro Rancho, for the recovery of the possession of a portion of said rancho, and costs of suit. From said judgment the defendants therein prosecuted a writ of error to the Supreme Court of the United States, and to enable them to do so, the defendants in…
1Opinion of the CourtCrocker, J.
This is an action to recover damages upon a bond of indemnity. The case has been previously before this Court, on appeal from a judgment rendered upon demurrer to the complaint, and will be found reported in 17 Cal. 618. After the decision of the first appeal the defendant answered, setting forth that the parties to the agreement mentioned in the bond of indemnity were never called upon or required to pay any costs or damages recovered in the suit of Boyreau v. Campbell et al., or molested or disturbed by any judgment therein; and, further, that the costs in the action of Boyreau v. Campbell…
2Cases cited3 opinions
- Morley v. DickinsonCalifornia Supreme Court · 1859
- People v. ChisholmCalifornia Supreme Court · 1857
- Mulford v. EstudilloCalifornia Supreme Court · 1861
3Cited by5 opinions
- Bull v. CoeCalifornia Supreme Court · 1888
- Sacramento & San Joaquin Drainage District v. Superior CourtCalifornia Supreme Court · 1925
- Mulford v. EstudilloCalifornia Supreme Court · 1867
- Hyde v. RogersWisconsin Supreme Court · 1884
- Day v. Ramey & Co.Ohio Supreme Court · 1884