Ginaca v. Atwood
California Supreme Court
Appeal from the District Court of the Fifth Judicial District, County of Calaveras. This is an action upon an undertaking given by the defendants, under section one hundred and two of the Practice Act, to authorize the sheriff to take possession of certain personal property claimed in a replevin-suit brought by the defendant Atwood, against the plaintiff. In the replevin-suit the plaintiff was non-suited, and judgment for the return of the property and costs was entered.
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Appeal from the District Court of the Fifth Judicial District, County of Calaveras. This is an action upon an undertaking given by the defendants, under section one hundred and two of the Practice Act, to authorize the sheriff to take possession of certain personal property claimed in a replevin-suit brought by the defendant Atwood, against the plaintiff. In the replevin-suit the plaintiff was non-suited, and judgment for the return of the property and costs was entered. The value of the property taken was not assessed by the jury. Upon the writ issued on the judgment, only a portion of the…
1Opinion of the Court
Field, J., after stating the facts, delivered the opinion of the Court—Terry, C. J., and Burnett, J., concurring.
The undertaking was, among other things, for the return of the property takep ‘in the original replevin-suit, if a return should be adjudged by the Court. Such return was adjudged, and yet such return was not fully, but only partially made. To the extent, then, in which the conditions of the undertaking have not been complied with, the defendants are liable It is for damages arising from a failure to return the property that the action will lie, not for damages for the original…
2Cited by3 opinions
- Mills v. GleasonCalifornia Supreme Court · 1862
- Donovan v. Aetna Indemnity Co. of HartfordCalifornia Court of Appeal · 1909
- Clary v. RollandCalifornia Supreme Court · 1864