Coburn v. Townsend

Citations

• 103 Cal. 233
• 37 P. 202
• 1894 Cal. LEXIS 754

Syllabus

<p>Principal and Surety—Bond in Condemnation Proceedings—Payment by Principals.—Where the principals have paid all the damages covered by a bond given by them in condemnation proceedings no damages can be recovered from the sureties.</p> <p>Id.—Counsel Fees Not Enforced Against Principal.—Where it does not appear that a claim for counsel fees was not withdrawn, or not litigated and determined in a suit against the principal, such claim cannot be enforced against the sureties.</p> <p>Id,—Counsel Fees in Condemnation Proceedings.—Counsel fees are not allowable in a general judgment for a defendant in a proceeding for condemnation.</p>