Tissot & Wife v. Darling

Citations

• 9 Cal. 278

Syllabus

<p>An averment in the complaint, in a suit on an appeal-bond, that execution had been issued on the judgment and returned unsatisfied, is unnecessary. The non-payment of the judgment can be shown without issuing an execution.</p> <p>The objection that an undertaking on appeal was not signed by the principal, has beei decided by this Court in the case of Curtis v. Richards & Vantine, January Term 1858.</p> <p>Where suit is brought in the name of the husband and wife, and no objection is made t% the joinder of the wife, and judgment is obtained, and afterwards defendants execut» an undertaking on appeal to the husband and wife, and suit is afterwards brought or the undertaking, in the name of the husband and wife : Held, that the defendants ai\\ concluded by the acts of appellant, and that the wife is properly joined in the suit on the undertaking.</p>