California Supreme Court, 1874

McDonald v. Fett

California Supreme Court · Decided July 1, 1874 · Niles

49 Cal. 354

Cases that cite this one

4 later published cases cite this decision.

McGinley v. Maryland Casualty Co. (Mont. 1929)
Summerland v. Automobile Funding Co. (Ind. Ct. App. 1925)
Jordan v. Henderson (Tex. App. 1905)
Elder v. Kutner (Cal. 1893)

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

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.