Martin v. Quinn
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. In 1862 the plaintiffs executed to defendant a joint and several bond, in the sum of five hundred dollars, as sureties, to perfect an appeal to the County Court of San Joaquin County, in an action wherein the defendant Quinn was plaintiff and Brennus Kenyon and Simeon Cass were defendants. The bond was not executed by Kenyon and Cass.
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. In 1862 the plaintiffs executed to defendant a joint and several bond, in the sum of five hundred dollars, as sureties, to perfect an appeal to the County Court of San Joaquin County, in an action wherein the defendant Quinn was plaintiff and Brennus Kenyon and Simeon Cass were defendants. The bond was not executed by Kenyon and Cass. Defendant Quinn recovered final judgment in that suit July 22d, 1863. On the 22d day of August, 1865, defendant Quinn demanded from the plaintiffs in this suit payment of the sum of…
1Opinion of the Court
By the Court, Rhodes, J.:
This is an action, as we construe the complaint, by the assignees of judgment debtors, to recover from the judgment creditor money received by the latter at a Sheriff’s sale of the debtor’s property, in excess of the amount due upon the judgment. The allegation of the assignment of the demand is sufficient, when taken in connection with the facts out of which the demand arose.
Had this been an action on the bond annexed to the complaint, it might be- material to inquire whether it was such a bond as the former statute required on an appeal to the County Court from a…
2Cited by10 opinions
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- Penwell v. FlickingerMontana Supreme Court · 1913
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