Taintor v. Charles Beseler Co.

This is an application to vacate an attachment on the papers on which it was granted. The attachment is sought under subdivision 3 of section 635 of the Code, the cause of action being injury through negligence. lío question is raised concerning the purely formal allegations of the affidavit. The material point for determination here is whether the jurisdictional fact — the existence of a proper cause of action — satisfactorily appears by affidavit. It may be stated at once that the complaint presents a good cause of action against the defendant. Suit is brought for damages resulting from the…