53 Cal. 87
Decided July 1, 1878
California Supreme Court · decided 1878-07-01
The action was brought to recover from the defendant Harlan, as principal, and from the other defendants as sureties upon an administrator’s bond. Defendant Watson answered separately, and set up the defense that prior to the breach out of which the plaintiff’s cause of action arose he had filed his petition and obtained an order releasing him as bondsman. The findings are silent upon this issue.
Good law ✅— No negative treatment on recordhow we know
Decided 1878-07-01
Cited by 5 later decisions — most recently February 1904
5 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1Judgment and order denying a new trial affirmed as to the defendants Harlan, Maulsbury, Brown, Fowler, and Swope. Remittitur forthwith.
¶2The judgment as to the defendant Watson reversed for want of a finding upon the affirmative defense set up in his answer, and as to him the cause is remanded with directions to make an additional finding upon the said affirmative defense, and thereupon to proceed to judgment as to the said defendant Watson. Remittitur forthwith.