Dennis v. Packard

California Supreme Court

Dennis v. Packard

28 Cal. 101

DecidedApril 15, 1865

StatusPublished

This text of 28 Cal. 101 (Dennis v. Packard) 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

Dennis v. Packard, 28 Cal. 101 (Cal. 1865).

Pincite

Opinion

By the Court,

Sanderson, C. J.

The evidence upon which the motion was made is contained in the transcript, and agreed to by counsel. The plaintiff, upon the evidence introduced in support of the motion, was not entitled to a judgment against the sureties. Section six hundred and forty-five provides a summary remedy, of which a Sheriff cannot avail himself without showing a strict compliance with the terms of that section. It does not appear from the case made that the Sheriff ever gave the sureties the written notice of the action brought against him by Curiae, for which that section calls. Such being the case, he cannot avail himself of this remedy, but is left to his action upon the indemnity bond.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court,

Sanderson, C. J.

The evidence upon which the motion was made is contained in the transcript, and agreed to by counsel. The plaintiff, upon the evidence introduced in support of the motion, was not entitled to a judgment against the sureties. Section six hundred and forty-five provides a summary remedy, of which a Sheriff cannot avail himself without showing a strict compliance with the terms of that section. It does not appear from the case made that the Sheriff ever gave the sureties the written notice of the action brought against him by Curiae, for which that section calls. Such being the case, he cannot avail himself of this remedy, but is left to his action upon the indemnity bond.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

28 Cal. 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennis-v-packard-cal-1865.