McCutcheon v. Weston
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Alameda, and from an order refusing a new trial. The action was against the sureties upon an undertaking given under the provisions of section 540 of the Code of Civil Procedure. The plaintiff’s intestate, Robert McCutcheon, brought an action against F. E. Weston and H. Leslie, and caused an attachment to be issued and levied upon their property.
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Appeal from a judgment of the Superior Court of the county of Alameda, and from an order refusing a new trial. The action was against the sureties upon an undertaking given under the provisions of section 540 of the Code of Civil Procedure. The plaintiff’s intestate, Robert McCutcheon, brought an action against F. E. Weston and H. Leslie, and caused an attachment to be issued and levied upon their property. The appellants executed the undertaking referred to in the opinion, in the sum of $1,500, which recited the issuance of the writ of attachment, and that the bond was given to prevent the…
1Opinion of the CourtMyrick, J.
Action on an undertaking given under section 540 of the Code of Civil Procedure. The averments of the complaint and the provisions of the undertaking are similar to those in McNamara v. Hammerschlag (opinion filed January, 1884). On the authority of that case, and Preston v. Hood, 64 Cal., we hold that the points taken by the appellant relating thereto are not sustained.
*39The plaintiff, in pleading the recovery of the judgment in the attachment suit, avers that the plaintiff in that action “ recovered judgment against the defendant therein, H. Leslie, which was rendered in said action for the…
2Cited by8 opinions
- High v. Bank of CommerceCalifornia Supreme Court · 1892
- Passow & Sons v. United States Fidelity & Guaranty Co.California Supreme Court · 1917
- McCormick v. National Surety Co.California Supreme Court · 1901
- Blake v. BlakeCalifornia Court of Appeal · 1927
- Golden West Credit & Adjustment Co. v. PeardonCalifornia Court of Appeal · 1933
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