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Legal Opinion

People v. Allied Fidelity Insurance

California Court of Appeal

Decided December 29, 1982No. Civ. No. 64253PublishedCited by 5 opinions

1Opinion of the Court

Opinion

KLEIN, P. J.

Allied Fidelity Insurance Company (Fidelity) appeals from an order denying its motion to vacate the forfeiture of an appeal bond and to exonerate the bond.1 The undertaking of the bond was that Geraldine Elizabeth Carmichael (Carmichael) would “surrender himself [sic] in execution of the judgment, upon its being affirmed or modified. ...”

We determine that the phrase surrender “in execution of the judgment” contemplates a defendant actually being committed to the custody of the proper officer before liability on an appeal bond ceases and affirm the trial court.

Factual and…

2Cases cited6 opinions

  1. People v. WilcoxCalifornia Supreme Court · 1960
  2. In Re BlackCalifornia Supreme Court · 1967
  3. People v. North Beach Bonding Co.California Court of Appeal · 1974
  4. People v. Surety Ins. Co. of Cal.California Court of Appeal · 1978
  5. US Fid. & Guar. Co. v. JUSTICE COURT OF VISTA TOWNSHIPCalifornia Court of Appeal · 1950

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. People v. SouzaCalifornia Court of Appeal · 1984
  2. People v. AllenCalifornia Court of Appeal · 1994
  3. People v. Amwest Surety InsuranceCalifornia Court of Appeal · 1986
  4. People v. Am. Sur. Co., California Court of Appeal, 5th District2019
  5. People v. American Surety Co.California Court of Appeal · 2019

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