Seaboard Surety Corp. of America v. Superior Court

Respondent William J. Garner, administrator, commenced an action in respondent court against Mary Tipton, A. V. Tipton and others, petitioner not being a party thereto. The action was for claim and delivery and involved a certain automobile. Upon due demand respondent Traeger, who is a sheriff, took the car into his possession pursuant to the terms of section 511 of the Code of Civil Procedure, whereupon petitioner, acting under the provisions of section 514 of that code, executed an undertaking for the redelivery of the car to defendants Tipton and it was returned to them. A trial of the action was had and findings and judgment went for plaintiff, respondent Garner, administrator. The judgment ran against defendants Tipton and, while petitioner is not named either in the title of the cause at the head of the judgment or in the body thereof, the document orders, adjudges and decrees, as shown by the return to the writ of review heretofore issued by this court, that plaintiff do have and recover from defendants Tipton and from “the sureties on the” undertaking the possession of the automobile, certain sums of money and costs.

It is alleged in the petition for the writ of review…