People v. Chisholm

California Supreme Court

People v. Chisholm

8 Cal. 29, 1857 Cal. LEXIS 279

CourtCalifornia Supreme Court

DecidedJuly 1, 1857

StatusPublished

Cited by2 cases

This text of 8 Cal. 29 (People v. Chisholm) 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

People v. Chisholm, 8 Cal. 29, 1857 Cal. LEXIS 279 (Cal. 1857).

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Opinion

Murray, C. J., delivered the opinion of the Court—Burnett, J., concurring.

The levy upon the property of Van Arnam was a satisfaction of the original judgment against Alexander Chisholm and his sureties. “ A levy under an execution on property sufficient to satisfy the same, is a satisfaction of the judgment.” Mickles v. Haskin, 11 Wendell. The mortgage sought to be foreclosed being given as a security for the judgment, and therefore a mere incident, must fall with it. This consequence cannot be avoided by the act of 1856, releasing Van Arnam from all liability as surety of Alexander Chisholm.

The voluntary release of the property, by the plaintiff in execution, could not revive a collateral liability upon the part of the defendants, which had already been discharged by operation of law.

Judgment reversed, and bill dismissed.

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Murray, C. J., delivered the opinion of the Court—Burnett, J., concurring.

The levy upon the property of Van Arnam was a satisfaction of the original judgment against Alexander Chisholm and his sureties. “ A levy under an execution on property sufficient to satisfy the same, is a satisfaction of the judgment.” Mickles v. Haskin, 11 Wendell. The mortgage sought to be foreclosed being given as a security for the judgment, and therefore a mere incident, must fall with it. This consequence cannot be avoided by the act of 1856, releasing Van Arnam from all liability as surety of Alexander Chisholm.

The voluntary release of the property, by the plaintiff in execution, could not revive a collateral liability upon the part of the defendants, which had already been discharged by operation of law.

Judgment reversed, and bill dismissed.

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Bluebook (online)

8 Cal. 29, 1857 Cal. LEXIS 279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chisholm-cal-1857.

Opinion

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