Tissot & Wife v. Darling
California Supreme Court
Appeal froto, the District Court of the Twelfth Judicial District, County of San Francisco. This was an action instituted by plaintiffs against William A. Darling and P. Warren Van Winkle, sureties in an undertaking on appeal, to recover the amount of the judgment from which the appeal was taken. The undertaking is entitled “ In the cast of Paul Tissot and Natividad de Haro, his wife, v. Samuel R. Throckmorton.”
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Appeal froto, the District Court of the Twelfth Judicial District, County of San Francisco. This was an action instituted by plaintiffs against William A. Darling and P. Warren Van Winkle, sureties in an undertaking on appeal, to recover the amount of the judgment from which the appeal was taken. The undertaking is entitled “ In the cast of Paul Tissot and Natividad de Haro, his wife, v. Samuel R. Throckmorton.” After reciting the judgment and the appeal therefrom, etc., it proceeds as follows : “And whereas the appellant is desirous of staying the execn tion of the said judgment and order so…
1Opinion of the CourtBurnett, J.
Suit upon an undertaking on appeal. Defendants demurred. Demurrer overruled. Defendants then answered, and plaintiffs had judgment, from which defendants appealed.
The undertaking was executed by defendants, in the case of Tissot and Wife v. Throckmorton, (6 Cal. Rep., 471,) which was a suit upon a note executed by Throckmorton to Mrs. Tissot, during the marriage.
The first objection is that there is no averment in the complaint that execution was issued upon the judgment against Throckmorton.
When, by the terms of the contract, express or implied, a request or demand constitutes a condition…
2Cases cited3 opinions
- Mann v. Eckford's ExecutorsNew York Supreme Court · 1836
- Minturn v. FisherCalifornia Supreme Court · 1857
- Tissot v. ThrockmortonCalifornia Supreme Court · 1856
3Cited by7 opinions
- Babbitt v. FinnSupreme Court of the United States · 1880
- Moffat v. GreenwaltCalifornia Supreme Court · 1891
- Davis v. PatrickCourt of Appeals for the Eighth Circuit · 1893
- Yellen v. Fidelity & Casualty Co. of New YorkCalifornia Court of Appeal · 1931
- Pieper v. PeersCalifornia Supreme Court · 1893
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