Davis v. Mitchell
California Supreme Court
Appeal from the District Court, Fifth Judicial District, Tuolumne County. This was an action on a promissory note. The answer admitted the execution of the note, and set up in defence, first, that it was without consideration, and that defendant, by reason of its execution, did not become indebted to or liable to "pay any sum whatever to the holder thereof; second, that if defendant ever became liable in any sum on said note, the same had been fully paid, except the sum of…
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Appeal from the District Court, Fifth Judicial District, Tuolumne County. This was an action on a promissory note. The answer admitted the execution of the note, and set up in defence, first, that it was without consideration, and that defendant, by reason of its execution, did not become indebted to or liable to "pay any sum whatever to the holder thereof; second, that if defendant ever became liable in any sum on said note, the same had been fully paid, except the sum of forty-five dollars and twenty-five cents, to the lawful holder thereof, before the plaintiff acquired the possession or…
1Opinion of the Court
By the Court, Sanderson, J.:
The one hundred and twenty-fourth section of the Practice Act provides, among other things, that “ all debts due such defendant, and all other property in this State of such defendant not exempt from execution, may be attached, and if judgment be recovered, be sold to satisfy the judgment and execution.” Subdivision five of section one hundred and twenty-five provides that debits and credits shall be attached in a certain mode therein provided. Section two hundred and seventeen provides that “ all goods, chattels, moneys and other property, both real and personal,…
2Cases cited5 opinions
- Valentine v. StewartCalifornia Supreme Court · 1860
- Adams v. HackettCalifornia Supreme Court · 1857
- Abbe v. MarrCalifornia Supreme Court · 1859
- Gregory v. HaworthCalifornia Supreme Court · 1864
- Crandall v. BlenCalifornia Supreme Court · 1859
3Cited by15 opinions
- Severance v. Knight-Counihan Co.California Supreme Court · 1947
- Domenigoni v. Imperial Live Stock & Mortgage Co.California Supreme Court · 1922
- McBride v. FallonCalifornia Supreme Court · 1884
- Davis v. SittigTexas Supreme Court · 1886
- Hoxie v. BryantCalifornia Supreme Court · 1900
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