Legal Opinion

Irwin v. Backus

California Supreme Court

Decided July 1, 1864PublishedCited by 41 opinions

Appeal from the District Court, Sixth Judicial District, Sacramento County. ' Backus, the principal in the hond, was not served with process. The sureties appealed from the judgment. The other facts are stated in the opinion of the Court.

1Opinion of the Court

By the Court, Sanderson, C. J. *

This is an action upon the official bond of the defendant Backus as Public Administrator of the City and County of Sacramento, against him as principal and his co-defendants as sureties. The suit is brought by his successor in office to recover the amount of a certain estate which came into the hands of Backus in the course of official business, and which he refused to pay over to his successor, the plaintiff, pursuant to the order and decree of the Probate Court. The plaintiff had judgment in the Court below, and the defendant, having moved for a new trial,…

2Cases cited1 opinion

  1. Baggott v. BoulgerThe Superior Court of New York City · 1853

3Cited by41 opinions

  1. Hathaway v. DavisCalifornia Supreme Court · 1867
  2. O'Connor v. Old Republic Surety Co.California Court of Appeal · 1996
  3. Southern Surety Co. v. BurneySupreme Court of Oklahoma · 1912
  4. Treweek v. HowardCalifornia Supreme Court · 1895
  5. Kruger v. California Highway Indemnity ExchangeCalifornia Supreme Court · 1927

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