Ginaca v. Atwood

Citations

• 8 Cal. 446

Syllabus

<p>Where the plaintiff in replevin gives the statutory undertaking, and takes possession of the property in suit, and is afterwards nonsuited, and judgment entered against, him for the return of the property and for costs : Held, that his sureties are liable for damages sustained by defendant, by reason of a failure to return the goods, butnotfor damages for the original taking and detention, the value of the goods not having been found by the jury.</p> <p>Section one hundred and seventy-seven of the Practice Act applies only where the issues of the case have been submitted and passed on by the jury, and not to a case of judgment of nonsuit.</p> <p>The decision in Nickerson v. Chatterton, also, only applies to cases submitted to a jury.</p> <p>The facts which upon a trial by jury would have been found in the original replevinsuit, are, by anonsuit therein, left to the jury called in the suit on the undertaking, so far as the conditions of the undertaking will authorize an inquiry into them.</p>