Legal Opinion

Eaton v. Queen

California Court of Appeal

Decided March 14, 1947No. Civ. 13136PublishedCited by 10 opinions

1Opinion of the CourtGoodell, J.

This is an appeal from an order granting a motion to discharge an attachment.

The appellant sued for damages for breach of contract. An affidavit and undertaking were filed and a writ was issued and levied.

The respondent promptly moved to discharge the attachment. When the motion came on for hearing an amended complaint and amended affidavit had been filed. That such amendments before hearing are permissible (Republic etc. Corp. v. Peak, 194 Cal. 492, 507 [229 P. 331]) is conceded. Accordingly, the only pleading with which we are concerned is the amended complaint which is in three counts.

The…

2Cases cited20 opinions

  1. McCall v. Superior CourtCalifornia Supreme Court · 1934
  2. Hathaway v. DavisCalifornia Supreme Court · 1867
  3. De Leonis v. EtchepareCalifornia Supreme Court · 1898
  4. Willett & Burr v. AlpertCalifornia Supreme Court · 1919
  5. Hale Bros. v. MillikenCalifornia Supreme Court · 1904

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3Cited by10 opinions

  1. Lewis v. SteifelCalifornia Court of Appeal · 1950
  2. Wallace v. PerryIdaho Supreme Court · 1953
  3. Bannock Title Co. v. LindseyIdaho Supreme Court · 1963
  4. Stotland v. Mobile Homes Engineering Corp.California Court of Appeal · 1961
  5. E. I. Noxon Construction Co. v. Wallace Process Piping Co.California Court of Appeal · 1961

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