King
King v. Hartford Accident & Indemnity Co.
Opinion
lead Opinion
Jennings, J.
This action was instituted by the sureties on an appeal bond to recover from the surety on an undertaking given to secure redelivery of property seized by virtue of a writ of attachment. Upon the conclusion of the trial the court rendered judgment in favor of plaintiffs for the full value of the property attached. Prom the judgment thus rendered the defendant has prosecuted this appeal.
The action which gave rise to the present action was entitled McC lintick v. Leonards, 103 Cal. App. 768 [ 285 Pac. 351 ]. In it the plaintiff sought to recover from the defendant the sum of $1300, together with interest and costs. Upon the filing of the complaint therein a writ of attachment issued directing the sheriff to attach any property of the defendant in the county wherein the action was commenced as security for the satisfaction of any judgment that might subsequently be rendered in plaintiff’s favor. Pursuant to such writ of attachment the sheriff seized and took into his possession the sum of $761 which was the property of Leonards, defendant in said action. Thereupon an undertaking was executed by the Hartford Accident and Indemnity Company, defendant in the present action, whereby…