People ex rel. Dunn v. Burns
California Supreme Court
Appeal from an order of the Superior Court of Yolo County refusing a new trial. The action was brought at the relation of the controller of state, against D. M. Burns, a former secretary of state, and the sureties on his official bond, to recover for an alleged defalcation of Burns, as such official. Burns was not served with process, and the action was tried only as to his sureties, F. S. Freeman and FT. Schardin, against whom judgment was rendered.
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Appeal from an order of the Superior Court of Yolo County refusing a new trial. The action was brought at the relation of the controller of state, against D. M. Burns, a former secretary of state, and the sureties on his official bond, to recover for an alleged defalcation of Burns, as such official. Burns was not served with process, and the action was tried only as to his sureties, F. S. Freeman and FT. Schardin, against whom judgment was rendered. The further facts are stated in the opinion.
1Opinion of the Court
Foote, C.
—The plaintiff had judgment, but moved for a new trial, which was refused. From the order made in the premises, this appeal is taken.
It appears, among other things, from a stipulation filed by the attorneys in the cause in the appellate court, “ that on the thirty-first day of January, 1888, the defendants, Freeman and Schardin, paid into court the amount of the judgment for principal, interest, and costs entered on said thirty-first day of January, 1888, set out in the transcript; that thereafter, on the twelfth day of March, 1888, plaintiff's attorneys of record received said…
2Cases cited1 opinion
- Morton v. Superior CourtCalifornia Supreme Court · 1884
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