Legal Opinion

Gibbs v. Tally

California Supreme Court

Decided July 16, 1901No. L.A. No. 746PublishedCited by 27 opinions

The facts are stated in the opinion of the court.

1Opinion of the CourtTemple, J.

This is an action for damages, against Mrs. Tally, by the assignee of certain persons who had performed labor or furnished materials in the construction of' a building, for failing to cause a bond to be filed with the building contract, as required by section 1203 of the Code of Civil Procedure. A bond was in fact filed, and apparently in good faith designed to comply with the statute, but it was found defective because it was not, “ by its terms, made to inure to the benefit of any and all persons who perform labor or furnish materials to the contractor, or any person acting for him or by…

2Cases cited9 opinions

  1. Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
  2. Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co.Supreme Court of the United States · 1884
  3. Wynehamer v. . the PeopleNew York Court of Appeals · 1856
  4. Bertholf v. . O'ReillyNew York Court of Appeals · 1878
  5. Ex parte JentzschCalifornia Supreme Court · 1896

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3Cited by27 opinions

  1. Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
  2. In Re CardinalCalifornia Supreme Court · 1915
  3. City of Memphis v. State ex rel. RyalsTennessee Supreme Court · 1915
  4. People v. HolderCalifornia Court of Appeal · 1921
  5. Roystone Co. v. DarlingCalifornia Supreme Court · 1915

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