McDonald v. Fett , 49 Cal. 354 ( 1874 )

By the Court, Niles, J.:

By the act of signing an attachment bond, the surety does not become a participant in the seizure or detention of the attached property by the Sheriff, or liable as a trespasser for such acts. His liability arises under his contract merely, and is limited by its terms and conditions.

Judgment affirmed.

Mr. Justice Rhodes did not express an opinion.