Legal Opinion

People v. Bellafont

California Court of Appeal

Decided October 11, 1909No. Civ. No. 619PublishedCited by 3 opinions

APPEAL from a judgment of the Superior Court of Shasta County. J. M. Head, Judge. The facts are stated in the opinion of the court.

1Opinion of the CourtBurnett, J.

The action brought upon a criminal bail bond resulted in a judgment by default against the defendants from which the appeal was taken.

The sufficiency of the complaint is assailed for the reasons: 1. That there is no allegation that Juan Santos (the principal) “was released from custody upon the execution and delivery of the bond”; and 2. “There is no allegation that any condition of defendants’ obligation, as set forth in the bond has been broken.”

Neither of these contentions can be maintained. As to the first, the allegation of the complaint is “That after said order fixing the hail of said…

2Cases cited1 opinion

  1. Coburn v. PearsonCalifornia Supreme Court · 1881

3Cited by3 opinions

  1. Altschul v. SaybleCalifornia Court of Appeal · 1978
  2. People v. Fidelity & Deposit Co.California Court of Appeal · 1930
  3. State v. FoxleyUtah Supreme Court · 1926

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