Jenner v. Stroh
California Supreme Court
Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The plaintiff, in her complaint, averred that, on the 23rd day of October, 1872, a suit was pending in the Nineteenth District Court wherein Ida Jenner was plaintiff, and George Stroh was defendant; and that an attachment had been issued in the case, and levied on the property of said Stroh; and that a judgment by default had been entered therein in favor of the plaintiff’; and that,…
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Appeal from the District Court, Fourth Judicial District, City and County of San Francisco. The plaintiff, in her complaint, averred that, on the 23rd day of October, 1872, a suit was pending in the Nineteenth District Court wherein Ida Jenner was plaintiff, and George Stroh was defendant; and that an attachment had been issued in the case, and levied on the property of said Stroh; and that a judgment by default had been entered therein in favor of the plaintiff’; and that, in order to procure the setting aside of the judgment, and the release of the attachment, the defendants executed and…
1Opinion of the Court
The complaint shows that the undertaking sued on was executed to procure the setting aside of a judgment, and the release of property theretofore taken on attachment; but fails to allege that the property attached was released, or the judgment set aside, upon the execution of the undertaking. It has been repeatedly held by this Court that such omission renders a complaint substantially defective. (Palmer v. Melvin, 6 Cal. 651; Williamson v. Blatten, 9 Cal. 500; Nickerson v. Chatterton, 7 Cal. 568; The County of Los Angeles v. Babcock, 45 Cal. 252 Curtis v.Richards, 9 Cal. 37.)
The actual levy…
2Cases cited7 opinions
- Curiac v. PackardCalifornia Supreme Court · 1865
- Nickerson v. ChattertonCalifornia Supreme Court · 1857
- County of Los Angeles v. BabcockCalifornia Supreme Court · 1873
- Comstock v. BreedCalifornia Supreme Court · 1859
- Smith v. AndrewsCalifornia Supreme Court · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Coburn v. PearsonCalifornia Supreme Court · 1881
- State v. FoxleyUtah Supreme Court · 1926