Legal Opinion

Lannan v. Garrett

California Court of Appeal

Decided November 6, 1937No. Civ. 1686PublishedCited by 4 opinions

1Opinion of the CourtBarnard, P. J.

This is a proceeding, under section 689 of the Code of Civil Procedure, to determine title to property after the filing of third party claims.

The plaintiff brought an action against the defendant Garrett to recover some $7,000 on certain promissory notes. A writ of attachment was issued as a result of which about $5,550 came into the hands of the sheriff. Three third party claims were filed totalling an amount equal to the funds in the hands of the sheriff. Each of these parties claimed to hold a note signed by Garrett secured by an assignment of a corresponding part of the fund which had…

2Cases cited4 opinions

  1. Fross v. WottonCalifornia Supreme Court · 1935
  2. Dore v. DoughertyCalifornia Supreme Court · 1887
  3. Kemp v. LynchCalifornia Supreme Court · 1937
  4. Gilbank v. BentonCalifornia Court of Appeal · 1935

3Cited by4 opinions

  1. Lyons v. Security Pacific National BankCalifornia Court of Appeal · 1995
  2. Barci v. Intalco Aluminum Corp.Court of Appeals of Washington · 1974
  3. Florida East Coast Railway Company v. MorganDistrict Court of Appeal of Florida · 1968
  4. Goldberg v. EngelbergCalifornia Court of Appeal · 1939

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