Yuen v. McMann

Citations

• 99 Cal. 497
• 34 P. 80
• 1893 Cal. LEXIS 700

Syllabus

<p>Action against Sheriff—Replevin of Property Taken under Execution— Damages for Detention—Parties—Sureties on Official Bond—The sureties upon the official bond of a sheriff are properly joined as parties defendant in an action against the sheriff for the recovery of personal property wrongfully taken under execution by him in his official capacity, and of damages for its wrongful detention.</p> <p>Id.—Waives of Objection.—An objection that the sureties upon the official bond of a sheriff are improperly joined with the sheriff in an action against him, is waived by a failure to demur to the complaint upon that ground.</p> <p>Id.—Cause of Action against Sureties—Damages.—A complaint against a sheriff and his sureties which alleges that the sheriff as principal and the other defendants as sureties made and delivered his official bond as sheriff, by which the defendants became jointly and severally bound for the faithful performance by the sheriff of his official duties, and then proceeds to state the alleged wrongful act of the sheriff in his official capacity for which damages are sought, is sufficient to show a liability upon the part of the sureties.</p> <p>Id.—Liability of Sureties.—The sureties on the bond of the sheriff, by the terms of the bond, became, liable to respond in damages in a sum not exceeding the amount specified therein for any wrongful act or default of their principal in his official capacity.</p> <p>Id. — Evidence—Offer of Sheriff to Return Part of Property. — In an action against a sheriff and the sureties upon his official bond to recover property seized under execution, with damages for its detention, letters of the sheriff offering to return part of the property sued for are properly excluded.</p> <p>Id.—Effect of Stay Bond upon Appeal—Duty of Sheriff to Release Property Seized under Execution—Justification of Sureties.—Under section 946 of the Code of Civil Procedure, which provides that the effect of the perfecting of an appeal and the gi