Legal Opinion

Curtis v. Richards & Vantine

California Supreme Court

Decided July 1, 1858PublishedCited by 23 opinions

Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The complaint in this ease alleges that, on the fifteenth day of January, one thousand eight hundred and fifty-six, the plaintiff obtained a judgment in the Superior Court of San Francisco, against David Seannell, sheriff, for the sum of two thousand three hundred and forty-five dollars; that Seannell appealed from said judgment to the Supreme Court, and that Richards &…

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Appeal from the District Court of the Twelfth Judicial District, City and County of San Francisco. The complaint in this ease alleges that, on the fifteenth day of January, one thousand eight hundred and fifty-six, the plaintiff obtained a judgment in the Superior Court of San Francisco, against David Seannell, sheriff, for the sum of two thousand three hundred and forty-five dollars; that Seannell appealed from said judgment to the Supreme Court, and that Richards & Van-tine executed, on behalf of said Seannell, on the eighth day of March, one thousand eight hundred and'fifty-six, an…

1Opinion of the CourtField, J.

This is an action upon an undertaking executed by the defendants, as sureties, on an appeal from a judgment recovered by the plaintiff, in the Superior Court of the city of San Francisco. To the answer the plaintiff demurred. The demurrer was sustained, and judgment rendered for the plaintiff, from which the defendants appeal, and contend: first, that the complaint is defective in substance, and that, upon demurrer, judgment should be rendered against the party committing the first error, if the defect be one of substance; second, that the answer is sufficient to raise an issue; third, that…

2Cited by23 opinions

  1. People v. KingCalifornia Supreme Court · 1865
  2. Mulcahy v. BuckleyCalifornia Supreme Court · 1893
  3. Murdock v. BrooksCalifornia Supreme Court · 1869
  4. Loveland v. GarnerCalifornia Supreme Court · 1887
  5. Elliott v. BozorthOregon Supreme Court · 1908

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