City & County of San Francisco v. Brader
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Daniel Smith was arrested for grand larceny, and was, by the Police Court, held to bail to appear in the Municipal Criminal Court in the sum of one thousand dollars. The defendants signed the bail bond. The latter court dedared the bond forfeited, and an action was commenced on the bond, and an attachment issued, which was levied on the property of defendant Brader.
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. Daniel Smith was arrested for grand larceny, and was, by the Police Court, held to bail to appear in the Municipal Criminal Court in the sum of one thousand dollars. The defendants signed the bail bond. The latter court dedared the bond forfeited, and an action was commenced on the bond, and an attachment issued, which was levied on the property of defendant Brader. The defendants moved to dissolve the attachment on the ground that the bond was not a contract for the direct payment of money. The…
1Opinion of the Court
By the COURT:
The court below properly refused to dissolve the attachment. The bail bond sued upon was an obligation for the direct payment of money, within the meaning of that term as defined in Hathaway v. Davis, 33 Cal. 161.
Order affirmed.
2Cases cited1 opinion
- Hathaway v. DavisCalifornia Supreme Court · 1867
3Cited by3 opinions
- Ancient Order of Hibernians v. SparrowMontana Supreme Court · 1903
- Tyson v. ReineckeCalifornia Court of Appeal · 1914
- County of Monterey v. McKeeCalifornia Supreme Court · 1876