Palmer v. Melvin

California Supreme Court

Palmer v. Melvin

6 Cal. 651

CourtCalifornia Supreme Court

DecidedJuly 1, 1856

StatusPublished

Cited by3 cases

This text of 6 Cal. 651 (Palmer v. Melvin) 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

Palmer v. Melvin, 6 Cal. 651 (Cal. 1856).

Pincite

Opinion

The opinion of the Court was delivered by Mr. Chief Justice Murray.

Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.

The demurrer to the plaintiff’s complaint was well taken, and should have been sustained.

The complaint does not state that the property attached was released upon the execution and delivery of the bond. To charge the defendants, it is necessary to allege the consideration of the undertaking, and a mere reference to the condition of the bond, is insufficient.

Judgment reversed, and cause remanded.

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The opinion of the Court was delivered by Mr. Chief Justice Murray.

Mr. Justice Heydenfeldt and Mr. Justice Terry concurred.

The demurrer to the plaintiff’s complaint was well taken, and should have been sustained.

The complaint does not state that the property attached was released upon the execution and delivery of the bond. To charge the defendants, it is necessary to allege the consideration of the undertaking, and a mere reference to the condition of the bond, is insufficient.

Judgment reversed, and cause remanded.

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Bluebook (online)

6 Cal. 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palmer-v-melvin-cal-1856.

Opinion

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