Jenner v. Stroh

Citations

• 52 Cal. 504

Syllabus

<p>Action on Undertaking.—If, after a judgment is rendered by default, the defendant, for the purpose of procuring the default to be set aside, gives an undertaking to pay any judgment that may be recovered against him, the complaint in an action on the undertaking must aver that the judgment was set aside.</p> <p>Undertaking to Procure Release oe Attachment. — A complaint in an action on an undertaking, given to procure the release of property held by a Sheriff under an attachment, must aver that the attachment was discharged.</p> <p>Idem.—The fact that, such instruments are common-law bonds instead of undertakings does not change the rule.</p>