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FINN v. WITHERBEE

Docket No. 19783.

126 Cal.App.2d 45 (1954)

271 P.2d 606

MATTHEW M. FINN, Plaintiff and Appellant, v. DONALD L. WITHERBEE et al., Defendants and Appellants.

Court of Appeals of California, Second District, Division Two.

June 16, 1954.

Attorney(s) appearing for the Case

Edward M. Rose and David G. Licht for Plaintiff and Appellant.

Marvin Osburn for Defendants and Appellants.

MOORE, P.J.

Appellant Witherbee sued plaintiff Finn in the municipal court for rent and caused a writ of attachment to be issued and levied upon three recording machines of plaintiff. Prior to issuance of such writ, Witherbee filed an undertaking on attachment whereby appellants Lumsden and Bobnik as sureties promised to pay all costs and damages that might be sustained by Finn if he should prevail in the attachment suit, not to exceed $2,400. Thereafter final judgment...

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