Bisconer
Bisconer v. Billing
Opinion
Lead Opinion
Hart, J.
The plaintiff brought this action against the defendants as sureties on an undertaking executed by them in an action in replevin, in which one J. Tolosano was plaintiff and the plaintiff herein was defendant.
On the first day of March, 1921, said J. Tolosano brought an action in claim and delivery against Raymond Bisconer, the plaintiff herein, for the purpose of recovering the possession of a 25-Sampson sieve grip tractor and a No. 4 12-inch disc plow, said Tolosano claiming and alleging in his complaint that he was the owner of said property and that it was of the value of $2,000'; that in said action of claim and delivery or replevin said Tolosano filed the affidavit required by section 510 of the Code of Civil Procedure, setting forth all the facts required by said section to bo contained therein, and also a notice and demand upon the sheriff of the county of Tulare to take from said Raymond Bisconer, defendant in said action, the property above described; that, at the same time, said Tolosano- executed an undertaking, with F. T. Billing and C. M. Meador, defendants herein, as sureties, in the sum of $4,000; conditioned for the return of said property, or the payment of its…