White v. Fratt

Citations

• 13 Cal. 521

Syllabus

<p>A bill quia timet, and to enforce the specific execution of an agreement, lies only where there is no adequate remedy at law. But where the damages, resulting from the breach of such agreement, are susceptible of precise admeasurement, equity will not take jurisdiction, unless there are some peculiar equitable circumstances.</p> <p>Where an indemnity bond is given to a Sheriff to hold him harmless, and pay any judgment which may be rendered against him by reason of his seizure of certain property, his remedy at law on the bond is clear for the amount of any such judgment, whether he be solvent or not, or whether his official sureties could he held or not, and a bill in equity will not lie.</p> <p>Where a Sheriff seizes goods on two attachments in behalf of different plaintiffs, and tlie property being- claimed by a third person, the plaintiffs in the attachment suits execute to the Sheriff separate indemnifying bonds, there is no joint liability between the plaintiffs to the Sheriff. Each bond must be sued on as an independent obligation.</p> <p>Whether each obligor is liable to the Sheriff for the whole amount of any judgment against him, leaving the question of contribution to be settled between them; Query.</p> <p>Where a bill in equity shows on its face that plaintiff is not entitled to relief, the defect may be taken advantage of in the Appellate Court, oven though no demurrer be filed.</p>