Mitchum v. Stanton

Citations

• 49 Cal. 302

Syllabus

<p>Undertaking in Replevin.—If an undertaking, in an action of replevin commenced in a Justice’s Court, limits the liability of the persons who execute it to a judgment for a return of the property rendered by the Justice, and such judgment is not recovered in the Justice’s Court, a recovery cannot be had on the undertaking, even if, on appeal, such judgment is rendered by the County Court.</p> <p>Idem.—If the statutory form of the undertaking is followed, the defendant can recover the value of the property and costs, upon a judgment in his favor in the appellate Court.</p> <p>Idem.—The sureties, in an undertaking in replevin, are not liable to the defendant for the value of the property, unless he recovers a judgment for the return of the property. A judgment in favor of the defendant which does not award him a return of the property, does not impose any liability on the sureties.</p>