Curiac v. Packard

Citations

• 29 Cal. 194

Syllabus

<p>Discharge of Sureties on Bond to Sheriff.—If the principals in a bond given to a Sheriff to release goods from attachment, tender to the plaintiff in the attachment suit the full amount of his debt and costs, and tile plaintiff refuses to receive the tender, the sureties are discharged from their obligation on the bond; and for the purpose of discharging the sureties, it is not necessary that such tender he paid into Court, or kept good.</p> <p>Undertaking to procure Release of Attachment.—An undertaking given to a Sheriff to procure a release of goods attached, is for the benefit of the plaintiff, who may sue on it, and if the Sheriff takes a sufficient statutory undertaking, he has no further responsibility.</p> <p>Dorm of Undertaking to Discharge Goods Attached.—A common law bond, in form, upon the prescribed statutory conditions, given to a Sheriff to procure a discharge of goods attached, is a sufficient compliance with the provisions of the statute.</p> <p>Admission of Incompetent Testimony without Objection.—If testimony not competent in law to prove a fact is admitted without objection, and the testimony is treated by the parties as competent in the Court below, the question as to its competency cannot he raised in the appellate Court.</p>