Hamilton v. Bell

Citations

• 123 Cal. 93
• 55 P. 758
• 1898 Cal. LEXIS 990

Syllabus

<p>Attachment-Dissolution by Judgment of Nonsuit—Bond fob Release —Discharge of Sureties—Reversal of Judgment—An attachment is dissolved upon the recovery of a judgment of nonsuit en- . tered in favor of the defendant, and the sureties on a bond: given for release of the attached property, and for the redelivery thereof, are thereupon discharged, and their liability is-not revived or affected by a reversal of the judgment of non-suit, and the subsequent rendition of a judgment for the plaintiff.</p> <p>Id.—Attachment a Creature of Statute.—An attachment is merely a> creature of statute, and its existence and operation in any case-continue no longer than the statute provides it may.</p> <p>Id.—Duty of Sheriff.—The sheriff, upon judgment being rendered against the plaintiff, is bound to surrender attached property-to the defendant; and is equally bound by the provisions off section 553 of the Code of Civil Procedure, to deliver to the-defendant the undertaking received in the action for the redelivery of attached property.</p>