Preston v. Hood
California Supreme Court
Appeal from a judgment of the Superior Court of the city and county of San Francisco, and from an order refusing a new trial. The facts are stated in the opinion of Mr. Justice Myrick.
1Opinion of the CourtMyrick, J.
—This is an action on an undertaking given under section 540 of the Code of Civil Procedure, the defendants being the sureties. Two questions are presented for consideration.
*407First. The complaint avers the issuance of the attachment, and that the sheriff proceeded to execute the writ, and that the defendant in the action, to prevent the levy, gave the undertaking herein sued on; that upon the delivery of the undertaking the sheriff released the property attached, and returned the writ and undertaking. The undertaking recites the issuance of the writ, whereby the sheriff was commanded to attach…
2Cases cited4 opinions
- Curiac v. PackardCalifornia Supreme Court · 1865
- Barker v. M'ClureIndiana Supreme Court · 1826
- Suydam v. VanceU.S. Circuit Court for the District of Indiana · 1840
- Fletcher v. GambleSupreme Court of Alabama · 1842
3Cited by11 opinions
- Bull v. CoeCalifornia Supreme Court · 1888
- San Francisco Sulphur Co. v. Aetna Indemnity Co.California Court of Appeal · 1909
- Duerr v. SloanCalifornia Court of Appeal · 1920
- Passow & Sons v. United States Fidelity & Guaranty Co.California Supreme Court · 1917
- Meyer v. JonesCalifornia Court of Appeal · 1916
6 more not listed; retrieve them via the Exa API.