Colma Vegetable Assn. v. Superior Court

This is an application for a writ of prohibition. The material facts alleged in the petition and in the affidavit attached thereto are not disputed, and may be stated as follows:

The petitioner, Colma Vegetable Association, a corporation, brought suit in the superior court in and for San Mateo County to recover from G. Bonetti and G. Bonetti and Company, a copartnership, the sum of $1,000 as liquidated damages for the alleged breach of a marketing agreement. A writ of attachment was issued and directed to the sheriff of the city and county of San Francisco for service. Pursuant to said writ an automobile truck belonging to said defendants was attached by said sheriff, and thereupon, but prior to the return of said writ or the appearance of the defendants in said action, said defendants, availing themselves of the provisions of section 540 of the Code of Civil Procedure, caused to be delivered to and deposited with said sheriff a bond or undertaking in the principal sum of $1,500, executed by the Royal Indemnity Company, a corporation, as surety, which bond or undertaking, it is alleged, was accepted by the said sheriff after approval by the court pursuant to section 540” of said…