Fridenberg v. Pierson
California Supreme Court
Appeal from the Fifth District. Plaintiff and defendants were both creditors of H. and E. Emanuel, and both issued attachments against his property. Plaintiff’s attachment was levied prior to defendants’, but on the same day. Plaintiff’s affidavit conformed strictly to the statute.
Read the full summary
Appeal from the Fifth District. Plaintiff and defendants were both creditors of H. and E. Emanuel, and both issued attachments against his property. Plaintiff’s attachment was levied prior to defendants’, but on the same day. Plaintiff’s affidavit conformed strictly to the statute. Defendants’ affidavits omitted the last clause required by the statute, to wit: “ 3. That the sum for which the attachment is asked is an actual •Iona fide existing debt, due and owing from the defendant to the plaintiff, and that the attachment is not sought, and the action is not prosecuted to hinder, delay or…
1Opinion of the CourtBaldwin, J.
Cope, J. concurring.
We think that the bill in this case cannot be maintained upon the facts therein stated. The bill is filed to set aside the prior attachments of the defendants—the plaintiff being a junior attaching creditor—upon the ground of the insufficiency of. the affidavits of the defendants. The defect is alleged to be the omission to aver that the sums for which the writ is prayed are actual bona fide existing debts due and owing from the debtor, and the omission to state that the attachment was not sought, and the action was not prosecuted, to hinder, delay and defraud' creditors…
2Cases cited2 opinions
- Patrick v. MontaderCalifornia Supreme Court · 1859
- Harper v. PopeSupreme Court of Missouri · 1845
3Cited by11 opinions
- Title Insurance & Trust Co. v. California Development Co.California Supreme Court · 1915
- Harvey v. FosterCalifornia Supreme Court · 1883
- Mitchell v. Ada Investment Co.Idaho Supreme Court · 1926
- McComb v. ReedCalifornia Supreme Court · 1865
- Shea v. JohnsonCalifornia Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.