Chambers v. Waters
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Hevada. The plaintiffs levied an execution upon certain goods and chattels, as the property of Pierce and Anderson, and while the property was in the possession of Hill, an officer, the defendant, Waters brought a suit to recover the possession of the same, and executed an undertaking, with the other defendants as sureties, conditioned that the said Waters should prosecute the replevin suit with…
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Appeal from the District Court of the Fourteenth Judicial District, County of Hevada. The plaintiffs levied an execution upon certain goods and chattels, as the property of Pierce and Anderson, and while the property was in the possession of Hill, an officer, the defendant, Waters brought a suit to recover the possession of the same, and executed an undertaking, with the other defendants as sureties, conditioned that the said Waters should prosecute the replevin suit with effect, and make return of the property, if return thereof should be adjudged to said Hill, and for the payment to him of…
1Opinion of the CourtBurnett, J.
Most of the points arising in this case were settled by this Court in the case of Mickerson v. Chatterton and others. In the case between Waters and Hill, if the latter intended to hold Waters and her sureties responsible upon the undertaking, either for a return of the property or its value, he should have claimed a return of the property, and taken his judgment accordingly. *391Having failed to do this, the payment of the judgment, as taken, is a complete discharge of the defendant, Waters, and her sureties upon the undertaking. As to whether she could be made liable individually for a return…
2Cited by7 opinions
- Thomas v. IrwinIndiana Supreme Court · 1883
- Mills v. GleasonCalifornia Supreme Court · 1862
- Citizens' State Bank v. MorseSupreme Court of Kansas · 1899
- Truitt v. CollinsSuperior Court of Delaware · 1899
- Ihrig v. BussellWashington Supreme Court · 1912
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