People v. Cabannes

Citations

• 20 Cal. 525
• 1862 Cal. LEXIS 74

Syllabus

<p>When in a criminal proceeding a Justice of the Peace exacts, and the defendants give, a security in the form of a bond on appeal which the statute does not require, no liability results from its execution.</p> <p>A Justice of the Peace, on conviction of certain parties of the offense of fraudulent and malicious mischief, rendered a judgment imposing a fine, and in default of payment, imprisonment in the county jail. Por the purpose of perfecting an appeal, defendants gave a bond reciting a money judgment (of the same amount as the fine) and binding the sureties for its payment, and setting forth substantially the conditions required in an undertaking on appeal to the County Court in civil cases: Held, in an action against the sureties on the bond, after affirmance of the Justice’s judgment, that the instrument was not authorized by the statute, and that no action could be maintained upon it.</p>