Davis v. Heimbach

Citations

• 75 Cal. 261
• 17 P. 199
• 1888 Cal. LEXIS 524

Syllabus

<p>Surety—Application tor Summary Process to Enforce Contribution —Notice. —An application under section 709 of the Code of Civil Procedure, by a surety who has paid more than his share of a judgment, for execution against his co-sureties, must be upon notice.</p> <p>Id.—Relief Obtainable — Setting Aside Contract.—Upon such an application, the applicant cannot have a contract set aside by which he was bound to pay the whole judgment.</p>