Bertz v. Turner
California Supreme Court
Appeal from an order of the Superior Court of the City and County of San Francisco refusing to dissolve an attachment. The facts are stated in the opinion.
1Opinion of the Court
Temple, C.
This appeal is from an order refusing to dissolve an attachment. In the notice of the motion to dissolve it was stated, “said motion will be made on the ground that plaintiff, Bertz, has united with others to declare Clarke insolvent, and that said Bertz cannot occupy the position of attaching creditor and petitioner in insolvency at the same time in regard to the debt and same debtor. The motion will be made on the affidavit of Alfred Clarke served and filed herewith.”
No other document or evidence was produced at the hearing, except the affidavit referred to. It states that Bertz…
2Cases cited1 opinion
- Hyde v. BoyleCalifornia Supreme Court · 1892
3Cited by1 opinion
- Goto v. GotoCalifornia Court of Appeal · 1960