Palmer v. Melvin
California Supreme Court
Palmer v. Melvin, 6 Cal. 651 (Cal. 1856)
Murray
Palmer v. Melvin
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.
Reference
- Full Case Name
- PALMER v. MELVIN
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- In an action on a bond given to release property from attachment, the complaint should state that the property was released upon the execution and delivery of the bond. To charge the obligors, it is necessary to state the consideration of the undertaking, and a mere reference to the condition of the bond itself, wherein such release is stated as a consideration, is insufficient.