United States Fidelity & Guaranty Co. v. Howell

Citations

• 74 Wash. 596
• 134 P. 490
• 1913 Wash. LEXIS 2098

Syllabus

<p>Insane Persons — Actions—Service of Process — Guardians—Jurisdiction. Under Rem. & Bal. Code, § 1670, providing that in actions against an incompetent person, process shall be served upon his guardian, and any judgment against the ward or guardian shall be satisfied from the property of the ward only, service of summons on the guardian as such confers jurisdiction to enter judgment against the estate of the ward.</p> <p>Same — Actions—Pleadings—Title. Under said section, an action against an incompetent may be brought in form, and entitled in the caption, against the guardian as such.</p> <p>Indemnity — Payment of Foreign Judgment — Presumptions. In an action on a contract to indemnify the . surety in a replevin bond, the fact that the surety diligently defended an action in a foreign court having jurisdiction, brought on the replevin bond for damages resulting from the detention of the property, and was compelled to satisfy the judgment therein, establishes prima facie that the surety suffered damages by reason of becoming a surety on the bond; and it is not essential that such damages be recovered in the replevin action.</p> <p>Same — Contract—Construction. An agreement to reimburse a surety in a replevin bond for any damages suffered by it in becoming a surety, contemplates damages recovered against the surety in an action on the bond for detention of the property.</p>