Tidball v. Halley
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The plaintiff appointed John C. Halley his deputy, October 1, 1868, and did not, in his written appointment, assign him to any particular portion of the district. The district of which the plaintiff was collector, included the counties of Alameda, Santa Clara, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, Los Angeles, San Bernardino and San Diego.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. The plaintiff appointed John C. Halley his deputy, October 1, 1868, and did not, in his written appointment, assign him to any particular portion of the district. The district of which the plaintiff was collector, included the counties of Alameda, Santa Clara, Santa Cruz, Monterey, San Luis Obispo, Santa Barbara, Los Angeles, San Bernardino and San Diego. The plaintiff verbally assigned Halley to the county of Alameda. The bond was signed by Halley as principal, and by Goods and Shirland, as…
1Opinion of the Court
By the Court, Rhodes, J.:
The plaintiff, who was the Collector of Internal Revenue for the Second District of California, appointed Halley as his deputy; and the bond in suit, as it is alleged, was given for the faithful performance by Halley of his duties as such *613deputy. The sureties alone answer; and they allege, among other things, that their signatures to the bond were obtained with the express understanding that it should be signed by certain other persons named in the answer, and that, without such execution by those other persons, the bond was not to be delivered. It is not alleged that…
2Cases cited2 opinions
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