Coburn v. Pearson
California Supreme Court
Appeal from a judgment, and order denying a new trial, in the Twelfth District Court, San Mateo County. DaingerFIELD, J, The defendants demurred to the complaint, on the ground that the same did not state a cause of action. The demurrer was overruled and the plaintiff had judgment, and the defendants appealed.
1Opinion of the Court
McKinstry, J.:
The action is brought upon an undertaking to prevent the levy of an attachment.
The complaint alleges: “Under, pursuant to, and by virtue of said writ of attachment, the sheriff of said county of San Mateo did proceed to lev¿/ upon and attach certain personal property of said defendant in said writ, J ames Smart, situate in said county. Before the completion of said levy, to wit, upon the 1st of June, 1876, the said defendants, for the purpose of preventing the levy of such attachment, or the completion thereof, tendered said sheriff the undertaking required by law, with two…
2Cases cited5 opinions
- Nickerson v. ChattertonCalifornia Supreme Court · 1857
- County of Los Angeles v. BabcockCalifornia Supreme Court · 1873
- Palmer v. MelvinCalifornia Supreme Court · 1856
- Jenner v. StrohCalifornia Supreme Court · 1877
- Williamson v. BlattanCalifornia Supreme Court · 1858
3Cited by6 opinions
- Confidential, Inc. v. Superior CourtCalifornia Court of Appeal · 1958
- Uptown Enterprises v. StrandCalifornia Court of Appeal · 1961
- People v. BellafontCalifornia Court of Appeal · 1909
- State v. FoxleyUtah Supreme Court · 1926
- McNamara v. HammerslagCalifornia Supreme Court · 1884
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