O'Connell

O'Connell v. Rogers

Good Law
1925 Cal. App. LEXIS 513·72 Cal. App. 539·237 P. 775
Court of Appeal of CaliforniaMay 7, 1925Docket No. 5147.California981 words

Opinion

Lead Opinion

Nourse, J.

Plaintiff sued to recover on a statutory bond given under sections 554 and 555 of the Code of Civil Procedure for the release of an attachment upon real property. The defendant McKellar alone appeared in -answer to the summons and from the judgment which was rendered against her she appeals under section 953a of the Code of Civil Procedure.

The controversy arose from an action commenced by the same plaintiff against the Santanella Land Company, a corporation, for services rendered. When that action was commenced an attachment was issued and levied upon real property belonging to the corporation and situated in Merced County. To release its property from the attachment the corporation filed an undertaking with the defendants Rogers and McKellar as sureties, and, after a hearing and examination thereon, the undertaking was approved and the attachment was, by order of the court, discharged. Thereafter the corporation disposed of all its property and rendered itself immune from execution upon the judgment which was subsequently rendered against it. The undertaking was in the usual form provided for in section 555 of the Code of Civil Procedure, and recited that it was given in…

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