Heynemann v. Eder
California Supreme Court
Appeal from the Fourth District. Plaintiffs brought suit by attachment against D. M. Eder and P. M. Eder, alleged in the complaint to compose the firm of D. M. Eder & Co. Under the writ, the Sheriff seized the stock of goods in the store of the firm as their property. The two Eders and defendants Loryea & Jacobs then executed the bond set out in the opinion of this Court, and thereupon the property was released and restored to the firm.
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Appeal from the Fourth District. Plaintiffs brought suit by attachment against D. M. Eder and P. M. Eder, alleged in the complaint to compose the firm of D. M. Eder & Co. Under the writ, the Sheriff seized the stock of goods in the store of the firm as their property. The two Eders and defendants Loryea & Jacobs then executed the bond set out in the opinion of this Court, and thereupon the property was released and restored to the firm. On the trial of that suit, plaintiffs were unable to show that P. M. Eder was a member of the firm of D. M. Eder & Co.; and he having denied the fact,…
1Opinion of the CourtCope, J.
Field, C. J. concurring.
This is an action upon a bond, in the following form:
“ Know all men by tiñese presents, that we, D. M. Eder & Co., and Jos. Loryea and M. Jacobs, as sureties, of the county of Trinity and State of California, are held and firmly bound unto the Sheriff of Trinity county aforesaid, John B. May; in the sum of one thousand dollars, to be paid to the said John B. May, or to his successors in office, to which payment, well and truly to be made, we bind ourselves, our heirs and assigns, jointly and severally, firmly by these presents, sealed with our seals and dated this…
2Cases cited1 opinion
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