Legal Opinion

Speyer v. Ihmels & Co.

California Supreme Court

Decided July 1, 1862PublishedCited by 12 opinions

Appeal from the Sixth Judicial District. On the tenth day of January, 1861, appellant, Morris Speyer, commenced a suit against Ihmels & Co. in the District Court, Sixth Judicial District, for the sum of $5,400, claimed to he due on an account for goods sold, and caused an attachment to be issued and •levied by the Sheriff of Sacramento County on property of the defendants in that county.

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Appeal from the Sixth Judicial District. On the tenth day of January, 1861, appellant, Morris Speyer, commenced a suit against Ihmels & Co. in the District Court, Sixth Judicial District, for the sum of $5,400, claimed to he due on an account for goods sold, and caused an attachment to be issued and •levied by the Sheriff of Sacramento County on property of the defendants in that county. On the same day, and immediately after the commencement of the suit of Speyer, the intervenors, Eggers & Co., also commenced an action against the same defendants for $8,500, issued an attachment therein, and…

1Opinion of the CourtNorton, J.

Field, C. J. concurring.

*286This is a case arising under the provisions of the Civil Practice Act relative to interventions.

'On the tenth of January, 1861, the plaintiff commenced his action, and caused an attachment to be levied upon the property of Ihmels & Co. On the same day Eggers & Co. commenced an action against the same defendants, and caused an attachment to be levied upon the same property, but subsequent to the plaintiff’s levy, and in due course obtained judgment. On the day previous E. L. Goldstein had commenced an action against the same defendants, and caused an attachment to be…

2Cases cited2 opinions

  1. Horn v. Volcano Water Co.California Supreme Court · 1859
  2. Heyneman v. DannenbergCalifornia Supreme Court · 1856

3Cited by12 opinions

  1. Kimball v. Richardson Kimball Co.California Supreme Court · 1896
  2. Potlatch Lumber Co. v. RunkelIdaho Supreme Court · 1909
  3. Faricy v. St. Paul Investment & Savings SocietySupreme Court of Minnesota · 1910
  4. Moreland v. Monarch Mining Co.Montana Supreme Court · 1919
  5. Four Hundred & Twenty Min. Co. v. Bullion Min. Co.U.S. Circuit Court for the District of Nevada · 1876

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