Legal Opinion

Swain v. Graves

California Supreme Court

Decided July 1, 1857PublishedCited by 6 opinions

Appeal from the District Court of the Fourth Judicial District. This was an action commenced in the Superior Court of the city of San Francisco, and transferred to the Court below,.under the provisions of the act to abolish the Superior Court. The action is brought by the plaintiffs; R. A. Swain and B. W. McDonald, against James Braves, Milo Hoadley, and Wm. H. Rhodes, upon the following appeal-bond, which is annexed to their complaint : appeal-bond.

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Appeal from the District Court of the Fourth Judicial District. This was an action commenced in the Superior Court of the city of San Francisco, and transferred to the Court below,.under the provisions of the act to abolish the Superior Court. The action is brought by the plaintiffs; R. A. Swain and B. W. McDonald, against James Braves, Milo Hoadley, and Wm. H. Rhodes, upon the following appeal-bond, which is annexed to their complaint : appeal-bond. State of California, ) County of San Francisco, j Justice’s Gourt, Second Township:—Know all men by these presents, that we, W. H. Rhodes, as…

1Opinion of the CourtBurnett, J.

*551Action upon undertaking on appeal, in which the bond is set out in full in the complaint. Judgment for plaintiffs in the Court below, and defendants appealed.

Plaintiffs allege, in their complaint, that they obtained judgment before a justice of the peace, against William H. Rhodes, Washington Bartlett, C. J. Bartlett, and Edward Conner, and that said defendants appealed to the County Court; and that the defendants filed in the Justice’s Court an""undertaking, executed by Rhodes, as principal, and by Graves and Hoadley, as sureties. The bond was in the penal sum of four hundred and ten…

2Cases cited2 opinions

  1. Yocum v. BarnesCourt of Appeals of Kentucky · 1848
  2. People v. Judges of Oneida Common PleasNew York Supreme Court · 1828

3Cited by6 opinions

  1. Hollenbeck-Bush Planing Mill Co. v. AmwegCalifornia Supreme Court · 1917
  2. Dore v. CoveyCalifornia Supreme Court · 1859
  3. Bradley Co. v. MulcrevyCalifornia Supreme Court · 1913
  4. Austin v. Union Paving and Contracting Co.California Court of Appeal · 1906
  5. Werner v. Superior Court of S.F.California Supreme Court · 1911

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