93 Cal. 108 | Cal. | 1892
The complaint substantially states that “ section 23 of ordinance No. 1587 as amended by order No. 1923 of the city and county of San Francisco, provides: ‘No person shall, within the limits of the city and county of San Francisco, explode any blast or use powder or other explosive material for the purpose of blasting, unless he shall have first filed in the office of the clerk of the board of supervisors a good and sufficient bond, with two sureties, in the sum of twenty thousand dollars that he will pay all damages occasioned thereby, and that said sureties are jointly and severally bound to pay any judgment which may be awarded in any of the courts of the city and county against said city and county,
■ or against the person exploding such blasts, by reason of any damage resulting therefrom,’ etc. In pursuance of such ordinance, one Tibbals filed 1ns bond, with the defendants as sureties thereon.. Upon May 18,1889, plaintiff recovered a judgment in department No. 4 of the superior court of the city and county of San Francisco, for the sum of $331.33, against Lizzie Tibbals, as executrix of the last will and testament of said Tibbals, deceased, on account of damages sustained to plaintiff’s property by the blasting of said Tibbals; that said judgment is unsatisfied and said estate is insolvent.”
It will be seen that this is an action against the sureties upon the bond given by Tibbals to the city and county, to recover the amount of the judgment rendered in the action against Lizzie Tibbals, as executrix, and is based upon that provision of the bond wherein defendants bound themselves to pay all judgments against the said Tibbals for damages caused as already stated, A
We see no defects in the complaint.
Let the judgment be affirmed.
Paterson, J., and Harrison, J., concurred.