Nickerson v. Chatterton

Citations

• 7 Cal. 568

Syllabus

<p>In an action of replevin, where the defendant has required the return of the property, and given an undertaking for such purpose; a judgment for plaintiff, in order tt> hold the sureties on the undertaking must be in the alternative, as required by sections one hundred and four, one hundred and seventy-seven, two hundred, and two hundred and ten, of the Practice Act.</p> <p>The sureties only bind themselves to make good any judgment that plaintiff may lawfully obtain against defendant.</p> <p>Where the recovery of the property is the primary object of the suit, as in some cases where damages will not compensate plaintiff, he should frame his bill in equity, specifying the reasons therefor, and then a decree can be made to compel a specific delivery.</p> <p>la an action against the sureties on a replevin bond, it is necessary to allege and prove that the property was delivered to the party requiring it, and for whom the bond was given.</p> <p>The liability of the sureties cannot he more than the value of the property fixed by the judgment in the original suit.</p>