McCutcheon v. Weston

Citations

• 65 Cal. 37
• 2 P. 727
• 1884 Cal. LEXIS 432

Syllabus

<p>Undertaking—Attachment — Sureties — LIABILITY. — An undertaking given under section 540 of the Code of Civil Procedure, after reciting the issuing of the attachment, and that the undertaking was given to prevent the levy of the writ, provided that if the plaintiff in the attachment suit should recover judgment, the sureties would pay to him on demand the amount of the judgment, etc., not exceeding the amount named in the undertaking as the penalty. The plaintiff recovered judgment. Held, that the sureties were liable to the plaintiff upon the undertaking for the amount of the judgment.</p> <p>Pleading—Judgment.—In an action upon an undertaking conditioned for the payment of any judgment which a plaintiff in an attachment suit shall recover, the judgment is sufficiently pleaded by an averment that it was recovered, entered, and docketed.</p> <p>Id.—Administrator—Demurrer.—An averment that letters of administration upon the estate of a decedent “were issued by the Superior Court of the county of Alameda to this plaintiff, who duly qualified as the administrator of said estate, and entered upon the discharge of his duties as such administrator,” is a sufficient averment of the representative capacity of the plaintiff to sustain a judgment, in the absence of a demurrer to the complaint.</p> <p>Judgment—Liability of Sureties.—An action upon an undertaking conditioned to pay the amount of any judgment that shall be recovered in an attachment suit will be sustained, although judgment was rendered against only one of several defendants.</p>