Parker

Anaheim Union Water Co. v. Parker

Good Law
101 Cal. 483·1894 Cal. LEXIS 1062·35 P. 1048
Supreme Court of CaliforniaMarch 1, 1894No. 19247California3,337 words

Opinion

lead Opinion

Paterson, J.

It would be necessary, if we were to state the facts upon which all the points made by appellant are based, practically to copy the statement on motion for a new trial, as there are ninety-two assignments of error and specifications of insufficiency of the evidence based upon sixty-five pages of the record. With the exception of those hereinafter referred to, they are entirely without merit, although sufficiently plausible as they are stated to entail upon the court a great deal of unnecessary labor in passing upon them.

Briefly stated, this is the case: The defendant, Gardi *486 ner, was secretary of the plaintiff (a corporation) from January 1,1887, until February, 1891. On the fifteenth day of February, 1889, the defendants, Kraemer and Parker, as sureties, and Gardiner as principal, executed and delivered to plaintiff a bond for one thousand dollars, conditioned as follows: “Whereas, the above-bound principal, J. S. Gardiner, was, at a meeting of the board of directors of the Anaheim Union Water Company, a corporation, held on the second day of February, 1889, duly elected to the office of secretary of said corporation; now, therefore, the condition of this obligation is such…

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