Clary v. Rolland

Citations

• 24 Cal. 147

Syllabus

<p>Complaint in Action to recover Personal Property. — In an action against the sureties on an undertaking given in a replevin suit, where there has been a trial and judgment in the replevin suit, the complaint does not state facts sufficient to constitute a cause of action unless it aver that the value of the property was found by the jury, and that an alternative judgment was rendered, as provided in section two hundred of the Practice Act.</p>