Burroughs v. Lott

California Supreme Court

Burroughs v. Lott

19 Cal. 125

CourtCalifornia Supreme Court

DecidedJuly 1, 1861

StatusPublished

Cited by1 cases

This text of 19 Cal. 125 (Burroughs v. Lott) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burroughs v. Lott, 19 Cal. 125 (Cal. 1861).

Pincite

Opinion

Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

This suit is brought for contribution by one surety, who has paid the common debt, against a co-surety—the other sureties being insolvent. The suit is a good proceeding in equity to recover the amount due from the defendant; and we see no necessity for making other parties than these made here, even if this objection could be taken, except by demurrer for nonjoinder, etc., all the facts and the defect appearing on the face of the complaint.

Judgment affirmed.

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Baldwin, J. delivered the opinion of the Court

Cope, J. concurring.

This suit is brought for contribution by one surety, who has paid the common debt, against a co-surety—the other sureties being insolvent. The suit is a good proceeding in equity to recover the amount due from the defendant; and we see no necessity for making other parties than these made here, even if this objection could be taken, except by demurrer for nonjoinder, etc., all the facts and the defect appearing on the face of the complaint.

Judgment affirmed.

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Bluebook (online)

19 Cal. 125, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burroughs-v-lott-cal-1861.

Opinion

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