Legal Opinion

Taaffe v. Rosenthal

California Supreme Court

Decided July 1, 1857PublishedCited by 4 opinions

Appeal from the District Court of the Fourteenth Judicial District, County of Mevada. Taaffe, McCahill & Co. commenced this action in the Court below on the eighteenth of Movember, 1856, to recover of the defendants two thousand three hundred dollars, and at the same time filed affidavit and undertaking, and caused an attachment and summons to issue. Under the former, the goods of defendants were attached.

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Appeal from the District Court of the Fourteenth Judicial District, County of Mevada. Taaffe, McCahill & Co. commenced this action in the Court below on the eighteenth of Movember, 1856, to recover of the defendants two thousand three hundred dollars, and at the same time filed affidavit and undertaking, and caused an attachment and summons to issue. Under the former, the goods of defendants were attached. The undertaking was as follows : State of California, County of Nevada : Taaffe, McOahill & Go., Plaintiffs, v. Simon Rosenthal & Bro., Defendants.—Know all men by these presents that we,…

1Opinion of the CourtBurnett, J.

Court—Murray, C. J., concurring.

This action was commenced by attachment and summons, and defendants moved to discharge the attachment, which motion was overruled and exceptions taken. Pinal judgment having been given against defendants, they appealed from the judgment and the order refusing to discharge the attachment.

1. The counsel of plaintiffs objects, that final judgment having been taken against defendants, and that judgment being regular, no objection can be urged on appeal against the order of the District Court, refusing to discharge the attachment. This objection would not seem to be…

2Cases cited1 opinion

  1. Griswold v. SharpeCalifornia Supreme Court · 1852

3Cited by4 opinions

  1. Commissioners of Jefferson County v. LinebergerMontana Supreme Court · 1878
  2. Williams v. GlasgowNevada Supreme Court · 1865
  3. Regan v. O'SteenArizona Supreme Court · 1936
  4. Territory of Montana v. HildebrandMontana Supreme Court · 1876

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