Evans v. Gerken
California Supreme Court
Appeal from a judgment ot the Superior Court of the City and County of San Francisco. The facts are stated in the opinion of the court.
1Opinion of the CourtVan Fleet, J.
This is an action to recover from the principal and sureties on an executor’s bond a balance unpaid by the executor upon distributive shares of an estate awarded to plaintiffs upon distribution.
*312The action was not pressed as to defendant Gerken, the principal on the bond, but the judgment went against the defendants Gallagher and Offerman, the sureties, and they appealed from the judgment upon the judgment-roll and a bill of exceptions.
1. Appellants claim their demurrer to the complaint should have been sustained. To this respondents object that appellants should not be heard on their demurrer…
2Cases cited5 opinions
- Irwin v. BackusCalifornia Supreme Court · 1864
- Chaquette v. OrtetCalifornia Supreme Court · 1882
- Richards v. Travelers' InsuranceCalifornia Supreme Court · 1889
- Powell v. PowellCalifornia Supreme Court · 1874
- Lacoste v. SplivaloCalifornia Supreme Court · 1883
3Cited by9 opinions
- Ellyson v. LordSupreme Court of Iowa · 1904
- Elizalde v. MurphyCalifornia Supreme Court · 1912
- Somers v. United States Fidelity & Guaranty Co.California Supreme Court · 1923
- Morel v. SimonianCalifornia Court of Appeal · 1930
- Baker v. HansonMontana Supreme Court · 1924
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