Matoon v. Eder
California Supreme Court
Appeal from the District Court of the Twelfth Judicial District. This was an action on a bail bond. The defendants demurred and answered, demurrer being overruled. The record shows that the plaintiffs sued out a writ of arrest against H. Gilbert, in an action brought against him, and in which the complaint alleged indebtedness, but not fraud.
Read the full summary
Appeal from the District Court of the Twelfth Judicial District. This was an action on a bail bond. The defendants demurred and answered, demurrer being overruled. The record shows that the plaintiffs sued out a writ of arrest against H. Gilbert, in an action brought against him, and in which the complaint alleged indebtedness, but not fraud. The affidavit on which the writ issued, made the statutory averments of fraud on information and belief, and also set forth on information and, belief \ the facts on which the belief of fraud was founded. Gilbert was arrested, and the defendants gave the…
1Opinion of the Court
The opinion of the Court was delivered by Mr. Chief Justice Murray.
Mr. Justice Terry concurred.
This was an action in the Court below upon a bail bond. Several questions are raised by the record which I propose briefly to examine, with no expectation, however, of reconciling the apparent contradictions of the statute, which have hitherto been a stumbling block to the profession, and defied judicial exposition.
The first point is, as to the sufficiency of the affidavit, and whether the bail can take advantage of any informality or defect in it.
An examination satisfies my mind that the affidavit,…
2Cases cited2 opinions
- Russell v. ElliottCalifornia Supreme Court · 1852
- Burrows v. TurnerNew York Supreme Court · 1840
3Cited by8 opinions
- Miller v. CommonwealthCourt of Appeals of Kentucky · 1921
- Ex parte BergmanNevada Supreme Court · 1884
- Sayers v. Superior Court of San FranciscoCalifornia Supreme Court · 1890
- United States v. EldredgeUtah Supreme Court · 1887
- Silvagni v. Superior CourtCalifornia Court of Appeal · 1958
3 more not listed; retrieve them via the Exa API.