64 Cal. 405
Decided December 29, 1883
California Supreme Court · decided 1883-12-29
<p>Attachments—Liability of Sureties on Undertaking to Prevent Levy.— Where, by the terms of an undertaking to prevent the levy of an attachment, the parties thereto undertook to pay, on demand, any judgment which the attaching creditor might recover against the attachment debtor, they are not, as between themselves and the attaching creditor, released from liability by reason of the sheriff having attached property prior to the giving of the undertaking and subsequently released if, nor because the judgment in the attachment suit was entered by consent and execution stayed for sixty days by stipulation of the parties.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1883-12-29
Cited by 10 later decisions — most recently September 1940
10 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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¶1We concur. By the express terms of the undertaking the defendants-in this action undertook to pay, on demand, any judgment which the attaching creditor might recover against the attachment debtor. In view of this we think the defendants cannot, as between themselves and the plaintiff, be considered in the light of mere sureties.
¶2Petition for rehearing denied.