Tarpey v. Shillenberger
California Supreme Court
Appeal from the District Court of the Third Judicial District, County of Santa Cruz. This suit was brought against the sureties to an undertaking to obtain an injunction. The defendants demurred to' the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The Court below sustained the demurrer, and the plaintiff appealed. The ground upon which the demurrer was sustained appears in the opinion of the Court.
1Opinion of the CourtBaldwin, J.
Terry, C., J., and Field, J., concurring.
This suit was brought in the Third District, upon an undertaking entered into by defendants, as sureties for other parties, on the latter obtaining an injunction. The condition of the undertaking is, that the plaintiffs in the suit for whom the sureties *391undertook, should pay all damages and costs that should be awarded, against the plaintiff by virtue of the issuing of said injunction by any competent Court. Ho sufficient breach is averred, since it is not alleged that any damages were so awarded. The sureties are entitled to stand on the precise terms…
2Cited by6 opinions
- United States Leasing Corp. v. duPontCalifornia Supreme Court · 1968
- Hathaway v. DavisCalifornia Supreme Court · 1867
- Enscoe v. FletcherCalifornia Court of Appeal · 1905
- Offterdinger v. FordSupreme Court of Virginia · 1896
- Pinney v. HershfieldMontana Supreme Court · 1871
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