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Reports of Cases Determined in the District Courts of the State of California Volume 1

Reports of Cases Determined in the District Courts of the State of California Volume 1


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1858 edition. Excerpt: ...Undeetakinqs--Action On Damages. In an action against the sureties on an undertaking, given upon the issuing of an attachment, the proof of damages should be limited to the costs and expenses incurred, and qnch actual damages as are the natural and proximate results of the authoritative acts done under the writ, snstained by being deprived of the use of property, or from its loss, deterioration, or destruction. Damages, in consequence of injury to credit and reputation are not liabilities imposed upon the sureties, and such proof is inadmissible. B. S. Brooks, for Plaintiff. Janet, Lake Boyd, for Defendant. On motion for a new trial. See ante p. 111. 14 Lyon M. Chappelle. Haqrb, J.The action is upon a statuatory undertaking, given by the defendant, in a suit against these plaintiffs upon obtaining a writ of attachment against their property, in which, upon a discontinuance, judgment was entered in favor of these plaintiffs. In support of this motion, the only ground relied upon is error, in refusing to allow plaintiffs to prove, as damages, injury to their credit and reputation as merchants, by reason of the attachment and levy. In specified cases our practice act ( 120) provides that the plaintiff, in an action, may have the property of defendant attached as security for the satisfaction of any judgment that may be recovered, unless the defendant give security to pay such judgment. Upon issuing the writ, the plaintiff in the action is required ( 122) to give an undertaking in a sum to be fixed in each case, with sureties, to the effect that if the defendant recovers judgment, the plaintiff will pay all costs that may be awarded to the defendant, and all damages which he may sustain by reason of the attachment, not...


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Product Details
  • ISBN-13: 9781234351373
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 152
  • Spine Width: 8 mm
  • Width: 189 mm
  • ISBN-10: 1234351374
  • Publisher Date: 20 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 286 gr


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