102 Cal. 308 | Cal. | 1894
Defendants were sureties on a bail bond conditioned for the appearance, etc., of one R. Lee McReynolds, who had been committed by a magistrate upon a charge of grand larceny. An information was thereafter duly filed in the superior court charging said
In our opinion the judgment and order must be reversed. The liability of appellants upon the undertaking ceased when the said R. Lee was taken into the custody of the sheriff under said order of the court, which was an order the court had power to make. (Code Civ. Proc., sec. 1129.) Upon the release of a person on bail he is in the custody of the sureties; and the consideration of the bond, accruing to the sureties, is his freedom from any other custody. The responsibility of the sureties is based upon their custody of the
The judgment and order appealed from are reversed.
Beatty, C. J., and De Haven, J., concurred.