McDonald v. Fett

49 Cal. 354
California Supreme Court·Decided July 1, 1874·No. No. 3,861·Published·Cited by 4 cases

Opinion

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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McDonald v. Fett, 49 Cal. 354 (Cal. 1874).

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