Skidmore v. Taylor

Citations

• 29 Cal. 619

Syllabus

<p>Deposition op Party to an Action. — The testimony of a party to an action may be taken by deposition, if he resides out of the county in which his testimony is to be used, although he resides within less than thirty miles of the place of trial.</p> <p>Deposit to secure Sureties in Criminal Recognizance.—Where money or property is deposited by a surety, on a recognizance in a criminal case, with, a trustee, to secure his co-sureties on the recognizance, the People have no claim on the money or property in case the recognizance is forfeited, nor does the money stand in place of a recognizance.</p> <p>Same.—In such case, if the co-sureties consent that the trustee holding the money and property deliver it to the surety who deposited it, he cannot justify a refusal on the ground that a judgment has been recovered against the sureties on the recognizance.</p> <p>Replevin por Money.—Replevin is a proper remedy to recover a package of gold coin sealed up in a leather bag.</p> <p>Termination op Relation op Trustee.—Where one has received property or money in trust to hold for the security of sureties on a recognizance, a release by the sureties of all claim on the property and a demand on the bailee terminates the trust, and it then becomes his duty to return the property to the bailor.</p>