Tarpey v. Shillenberger

Citations

• 10 Cal. 390

Syllabus

<p>In an action against the sureties on an injunction-bond, the condition of which is, that the plaintiffs in the suit for whom the sureties undertook, should pay all damages and costs that should he awarded against the plaintiff by virtue of the issuing of said injunction by any competent Court, and the complaint did not aver that any damages had been awarded: Held, that such complaint is fatally defective.</p> <p>The sureties are entitled to stand on the precise terms of the contract, and there is no way of extending their liability beyond the stipulation to which they have chosen to bind themselves.</p>