Dixey v. Pollock
California Supreme Court
Appeal from the Superior Court of the City of San Francisco. This was a motion in the Court below, by the plaintiff, for an order requiring the sheriff to pay over to plaintiff, the proceeds of goods attached in this action. There were two prior attachments upon the same goods, one-in the suit of R. H. Adams v. Pollock, and the other in the suit of John Pollock v. Pollock, all the suits being brought against the same defendant.
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Appeal from the Superior Court of the City of San Francisco. This was a motion in the Court below, by the plaintiff, for an order requiring the sheriff to pay over to plaintiff, the proceeds of goods attached in this action. There were two prior attachments upon the same goods, one-in the suit of R. H. Adams v. Pollock, and the other in the suit of John Pollock v. Pollock, all the suits being brought against the same defendant. The plaintiff claims that the prior attachments were void for irregularity. The plaintiffs in all the cases, i'had obtained judgment prior to the motion. In the case…
1Opinion of the CourtBurnett, J.
J., concurring. .
Motion by plaintiff, requiring the sheriff to pay over to him the proceeds of certain goods attached by the sheriff under three separate writs, the last of which was that of plaintiff.
In the case of R. H. Adams v. D. H. Pollock, the complaint was a printed blank, and the blanks were filled up by the clerk of the Court at the.request of the plaintiff,'but no name was subscribed^ the end of the complaint until the next day, and after the attachment of Dixey was duly levied upon the same goods. It was then signed by the clerk, in this way, “ R. M. Adams, plaintiff's attorney.-”…
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