Matoon v. Eder

Citations

• 6 Cal. 57

Syllabus

<p>An affidavit for arrest which avers on information and belief that the defendant has been guilty of fraud in the contracting of the debt, or in endeavoring to prevent its collection, in the terms required by statute, and followed by an averment of the facts on which the belief is founded, also stated on information and belief, is sufficient.</p> <p>Insufficiency of the affidavit on which the writ of arrest issues, can not be set up in defence by third parties, nor even by the defendant himself after judgment.</p> <p>The obligations of bail are assumed with reference to the law, which becomes a part of their contract, and the whole statute must be examined to determine their liability.</p> <p>The writ of arrest is only an intermediate remedy or process, to secure the presence of the party until final judgment, and the facts on which it is based must be affirmatively found, and the fraud stated, in the judgment, in order to authorize an arrest on final process.</p> <p>Where the judgment is not such as will warrant a writ of ca. sa. to be issued under it, the bail will not be charged for neglecting to surrender the judgment debtor.</p>