Legal Opinion

Nichols v. Davis

California Court of Appeal

Decided October 21, 1913No. Civ. No. 1167PublishedCited by 7 opinions

APPEAL from an order of the Superior Court of Alameda County refusing to dismiss attachments. Everett J. Brown, Judge. The facts are stated in the opinion of the court. J. E. Pemberton, Keyes & Martin, and J. O. Davis, for Appellants.

1Opinion of the CourtChipman, P. J.

Defendants appeal from the order denying their motion to dismiss certain writs of attachment upon several grounds of which only the following are urged in defendants ’ opening brief: That the affidavits used at the hearing “show affirmatively that there was security in the shape of a lien on personal property”; that the affidavit originally filed was so defective as not to admit of amendment under section 558 of the Code of Civil Procedure as amended in 1909 (Stats. 1909, p. 253); that the amended affidavit is fatally uncertain.

1. Plaintiff is the assignee of certain promissory notes assigned…

2Cases cited3 opinions

  1. Fairbanks, Morse & Co. v. GetchellCalifornia Court of Appeal · 1910
  2. Jensen v. DorrCalifornia Supreme Court · 1910
  3. O'Connell v. WalkerCalifornia Court of Appeal · 1910

3Cited by7 opinions

  1. Hamburger v. HalpermCalifornia Court of Appeal · 1915
  2. Peterson v. BeggsCalifornia Court of Appeal · 1915
  3. Corum v. Superior CourtCalifornia Court of Appeal · 1931
  4. Rosenberg v. BullardCalifornia Court of Appeal · 1932
  5. Nutzel v. KozdronCalifornia Court of Appeal · 1944

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