Stimpson Computing Scale Co. v. Superior Court

On the ninth day of February, 1909, the petitioner, a foreign corporation, filed a complaint in the justice court of Marysville township against one J. Blue. At the same time the plaintiff therein filed with said court an undertaking executed on January 30, 1909, by the United States Fidelity and Guarantee Company through H. B. P. Carder, its attorney in fact. Said undertaking provided that “Whereas an attachment against the said defendant, as security for the satisfaction of any judgment that may be recovered thereon, has been demanded by plaintiff; and whereas the plaintiff is a nonresident of the state of California, and under and by virtue of the Code of Civil Procedure of said State, section 1036, relative to foreign corporations, security for costs and charges, which may be awarded against such plaintiff, as may be required by the defendant, or bond for costs that may be required of the plaintiff on appeal, under and by virtue of section 974 of the Code of Civil Procedure of the State of California, should the plaintiff desire to take an appeal to a superior court, or other court from any judgment that may be rendered by the said justice’s court or required to pay any costs…