Cain v. Williams
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. The sureties, upon the bond sued upon, .in general terms undertook and acknowledged themselves jointly and severally bound in the full amount of the undertaking. Thereafter the following clause appears in-the bond, viz.: “And each of the sureties hereto binds.himself with his co-sureties jointly and severally that he will pay the sum as herein-agreed, to be paid by him, to wit.”
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Appeal from the District Court of the Second Judicial District, Washoe County. The sureties, upon the bond sued upon, .in general terms undertook and acknowledged themselves jointly and severally bound in the full amount of the undertaking. Thereafter the following clause appears in-the bond, viz.: “And each of the sureties hereto binds.himself with his co-sureties jointly and severally that he will pay the sum as herein-agreed, to be paid by him, to wit.” Then follows the name of each surety and the amount for which he becomes bound. There is no principal to the bond. I. The intention of the…
1Opinion of the Court
By the Court,
Belknap, J.:
In the year 1873 one Sylvanus, Buckley brought an action of claim and delivery of personal property against Armenia Buckley as administratrix of the estate of Henry A. Buckley, deceased. He afterwards obtained the possession of the property by complying with the provisions of chapter II of the civil practice act.
Defendant’s intestate, Frank Covington, is a surety upon the undertaking given to the sheriff for the return of the property to the defendant, in case such a return should be adjudged.
Judgment passed against the plaintiff, in the suit of Buckley v. Buckley,…
2Cases cited2 opinions
- Rogers v. HatchNevada Supreme Court · 1872
- Taylor v. ShewCalifornia Supreme Court · 1870
3Cited by10 opinions
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- Day v. HollandOregon Supreme Court · 1887
- Sweetser v. FoxUtah Supreme Court · 1913
- Sharon v. HillUnited States Circuit Court · 1885
- Watson v. RichardsonSupreme Court of Iowa · 1899
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