Palmer v. Melvin
Cases that cite this one
3 later published cases cite this decision.
- Coburn v. Pearson (Cal. 1881)
- Jenner v. Stroh (Cal. 1877)
- Williamson v. Blattan (Cal. 1858)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.