gno.law

McDonald v. Fett

California Supreme Court · No. 3,861 · 1874-07-01 · Published · 49 Cal. 354

E. McDonald v. CHARLES FETT And A. PRESCOTT

Area
civil
Panel
Niles (author)

Analysis

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Opinion — Niles

By the Court, Niles, J.:

By the act of signing an attachment bond, the surety does not become a participant in the seizure or detention of the attached property by the Sheriff, or liable as a trespasser for such acts. His liability arises under his contract merely, and is limited by its terms and conditions.

Judgment affirmed.

Mr. Justice Rhodes did not express an opinion.

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