Santini Fertilizer Co. v. Roldán Velázquez

The defendants, nominally as sureties for the release of property attached after judgment, executed a bond or undertaking -wherein, with the principal, they agreed either to return the attached property or to pay damages. Originally, the proceeding was an intervention (tercería) under the special law for intervention proceedings, passed in 1907, repealing and in substitution of section 247 of the Code of Civil Procedure. In such a proceeding the plaintiff obtained an alleged judgment, to which we shall refer hereafter, wherein the court held the complaint of intervention not to be good and…