Palmer v. Vance

Citations

• 13 Cal. 553

Syllabus

<p>In a bond given to release property seized on attachment, the obligors undertook to pay, on demand, to plaintiffs in the action, the amount of the judgment and costs, not to exceed three thousand dollars, which plaintiffs might recover. In the bond the action is recited as for one thousand six hundred dollars. Upon delivery of the bond the property was returned to the debtor. Plaintiffs in the action had judgment for an amount exceeding the penalty of the bond. Sto, that recovery may be had on the bond to the extent of the penalty.</p> <p>Such a bond is not a statutory undertaking, but Is valid as a common law obligation.</p> <p>The mistake in the recital, as to the amount for which attachment issued, may ho explained and corrected by parol.</p> <p>Execution against the judgment debtor, in such case, is not a condition precedent to suit on the bond.</p> <p>A bond given voluntarily to the Sheriff, on delivery of the property, is valid at common law.</p>