Mitchum v. Stanton
California Supreme Court
Appeal, from the District Court, Tenth Judicial District, County of Colusa. The plaintiff stated in his complaint, that, in August, 1871, he was a Constable in said county, and that defendant Stanton and B. F. Maxon, commenced an action of replevin before O. S. Mason, a Justice of the Peace, in Colusa township, said county, against him, to recover the possession of eighty-five sacks of wheat which he had in his possession, by virtue of a writ of attachment issued out of a…
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Appeal, from the District Court, Tenth Judicial District, County of Colusa. The plaintiff stated in his complaint, that, in August, 1871, he was a Constable in said county, and that defendant Stanton and B. F. Maxon, commenced an action of replevin before O. S. Mason, a Justice of the Peace, in Colusa township, said county, against him, to recover the possession of eighty-five sacks of wheat which he had in his possession, by virtue of a writ of attachment issued out of a Justice’s Court, in an action wherein one Gibson was plaintiff, and said Maxon and Stanton were defendants, or to recover…
1Opinion of the Court
By the Court, McKinstry, J.:
The undertaking sued on is entitled, “In the Justices” Court of Colusa Township,” and after reciting the commencement of an action to recover certain personal property, proceeds: “Now, therefore, we, John Stanton as principal, and A. Mead and G. W. Ware as sureties, do hereby agree and undertake, and are bound, in consideration of said delivery, in the sum of four hundred dollars, for the prosecution of the action for the return of the said property to the said defendant, if return thereof be adjudged by the said Court, and for the payment to the said defendant of…
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