Brownlee v. Riffenburg

Citations

• 95 Cal. 447
• 30 P. 587
• 1892 Cal. LEXIS 846

Syllabus

<p>Attachment — Undertaking for Release — Return of Execution— Condition Precedent to Action. —Under section 552 of the Code of Civil Procedure, providing that if an execution be returned unsatisfied in whole or in part, the plaintiff may prosecute any undertaking given pursuant to sections 554 and 555 of the same code, for the release of property attached, the issuance and return of an execution is a condition precedent to the right to commence an action upon the undertaking.</p> <p>Id. — Demand for Return of Property. — An undertaking for the release of property taken under a writ of attachment in an action, conditioned that the “ defendant will, on demand, redeliver such attached property so released to the proper officer,” does not limit the right to make the demand to the officer to whom the property is to be delivered, but the party in whose behalf the demand is to be made may himself make it, and it is only necessary that the officer be clothed with authority to receive the property and sell it.</p>