Buffendeau v. Brooks
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. . Buffandeau, on the 28th of March, 1859, sued the Sheriff for selling the cattle under the execution, and recovered judgment against him for about four thousand five hundred dollars, damages and costs. The bond of indemnity was then assigned to the appellant, and this action was instituted by him against the respondents. The plaintiff appealed.
Read the full summary
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. . Buffandeau, on the 28th of March, 1859, sued the Sheriff for selling the cattle under the execution, and recovered judgment against him for about four thousand five hundred dollars, damages and costs. The bond of indemnity was then assigned to the appellant, and this action was instituted by him against the respondents. The plaintiff appealed. The other facts are stated in the opinion of the Court.
1Opinion of the Court
*643By the Court,
Shafter, J.
The motion for a nonsuit was properly granted by the Court below. The action was upon a bond given by the defendants to P. E. Edmondson, Sheriff of Alameda County, “ to indemnify and save him harmless from all damages, expenses, costs and charges, and against all loss and liability, which he, the said Sheriff, shall sustain or in anywise be put to for or by reason of the retention of said property, the levy, advertisement or delivery thereof, or for any act done under or by virtue of the said execution.” The execution referred to issued upon a judgment against…
2Cited by7 opinions
- Harrington's Administrator v. CrawfordSupreme Court of Missouri · 1896
- Lemat Corp. v. American Basketball Assn.California Court of Appeal · 1975
- Harrington's Administrator v. CrawfordMissouri Court of Appeals · 1895
- Robley v. SmithSupreme Court of Kansas · 1931
- Daw v. NilesCalifornia Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.