Kast v. Pacific Surety Co.

The facts in- this matter were stated in the opinion of the district court of appeal of the first appellate district, division one, as follows:

“This is an appeal from a judgment in favor of the defendant in an action brought by the plaintiff to recover upon an undertaking, issued by the defendant, as surety, for the purpose of securing the release from attachment of certain property, attached in an action entitled Allen v. Chatfield.

“The appeal is on the judgment-roll alone, it being agreed that the findings precisely present the facts involved. Allen, as plaintiff, commenced an action in the…