Sandoval v. United States Fidelity & Guaranty Co.
Arizona Supreme Court
APPEAL from a judgment of tbe District Court of the Second Judicial District, in and for county of Cochise. Fletcher M. Doan, Judge. Appeal to supreme court of United States. The facts are stated in the opinion. The complaint fails to allege that the amount sued for in this case was unpaid by defendants to plaintiff at the time of the commencement of this action, and this is a necessary allegation where suit is brought upon an express contract for the payment of money.
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APPEAL from a judgment of tbe District Court of the Second Judicial District, in and for county of Cochise. Fletcher M. Doan, Judge. Appeal to supreme court of United States. The facts are stated in the opinion. The complaint fails to allege that the amount sued for in this case was unpaid by defendants to plaintiff at the time of the commencement of this action, and this is a necessary allegation where suit is brought upon an express contract for the payment of money. Frisch v. Caler, 21 Cal. 72; Scroufe v. Clay, 71 Cal. 123, 11 Pac. 882; Hurley v. Ryan, 119 Cal. 71, 51 Pac. 20; 9 Cyc. 730,…
1Opinion of the Court
CAMPBELL, J. —
The complaint alleges that in April, 1907, one Epes Randolph recovered a judgment in the district court of Santa Cruz county, against the defendants in this action, A. Sandoval and P. Sandoval, for the sum of $10,528.33; that the defendants appealed from the judgment to this court, and applied to the United States Fidelity and Guaranty Company, a corporation (hereinafter referred to as the Guaranty company), for a bond to be given on appeal to stay the judgment; that in the application for the bond the defendants covenanted “to reimburse said company for any and all loss, costs,…
2Cases cited12 opinions
- Kingman v. Western Manufacturing Co.Supreme Court of the United States · 1898
- Martin v. Ellerbe's Adm'rSupreme Court of Alabama · 1881
- Babbitt v. FinnSupreme Court of the United States · 1880
- Foster v. Kansas Ex Rel. JohnstonSupreme Court of the United States · 1884
- Moore v. HopkinsCalifornia Supreme Court · 1890
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3Cited by1 opinion
- Grady v. BarthCourt of Appeals of Arizona · 2013