McDonald v. Fett
California Supreme Court Jul 1, 1874 No. No. 3,861Published
Before: Niles
Synopsis
Shbbty on Attachment Bond.—The liability of a surety on an attachment bond is on his contract. He is not liable as a trespasser, for a seizure of property attached by the sheriff, evenjf the bond was void.
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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