People v. Breyfogle
California Supreme Court
Appeal from the Third District. Suit on the official bond of the Treasurer of Alameda county. Defendants demurred to the complaint, on the grounds: that it does not state facts sufficient to constitute a cause of action, in this: 1st, it does not show that the Board of Supervisors accepted the bond ; 2d, it does not show that said Board ever by any official act fixed the amount of the penalty of the bond ; 3d, it does not show that sureties enough executed the bond to make…
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Appeal from the Third District. Suit on the official bond of the Treasurer of Alameda county. Defendants demurred to the complaint, on the grounds: that it does not state facts sufficient to constitute a cause of action, in this: 1st, it does not show that the Board of Supervisors accepted the bond ; 2d, it does not show that said Board ever by any official act fixed the amount of the penalty of the bond ; 3d, it does not show that sureties enough executed the bond to make in the aggregate two sureties for the whole penal sum in which such Board had ordered a bond to be given; 4th, it does…
1Opinion of the CourtBaldwin, J.
Field, C. J. concurring.
Suit was brought against Breyfogle and his sureties on the bond of Breyfogle as County Treasurer of Alameda county, for a considerable sum of money for which he was in default. The bond is as follows:
“ Know all men by these presents, that whereas Charles C. Breyfogle, of Alameda county, in the State of California, was duly elected Treasurer of said county of Alameda at the late general election, held on the second day of September, A. D. 1857; Now, therefore, we the undersigned, acknowledge ourselves jointly and severally bound unto the State of California in the…
2Cases cited3 opinions
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