People v. Evans
California Supreme Court
Appeal from the District Court, Fifth Judicial District, San Joaquin County. The bond sued on was joint and several. There were four of the defendants who were not served with summons. The defendants served moved the Court to direct plaintiff to pro- - cure service on those not served. This the Court refused to do.
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Appeal from the District Court, Fifth Judicial District, San Joaquin County. The bond sued on was joint and several. There were four of the defendants who were not served with summons. The defendants served moved the Court to direct plaintiff to pro- - cure service on those not served. This the Court refused to do. The District Attorney suggested the death of two of the defendants who had been served, and moved for judgment of discontinuance against them, which motion the Court granted. The defendants served, then moved .for a judgment of discontinuance as to all the defendants, which'the…
1Opinion of the Court
By the Court, Sawyer, J.
This is an action upon the official bond of the defendant, Mark A. Evans, to recover the balance of moneys which came into his hands as Treasurer of San Joaquin County, and which have not been paid over. Defendant, Evans, having been elected Treasurer of said county, and having qualified by taking the proper oath and filing the bond in such cases required, entered upon the duties of his office on the first Monday of October, 1859, and served the full term of two years. The bond was approved by the County Judge of San Joaquin County. On the 22d of July, 1861, L. B.…
2Cases cited6 opinions
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