Conrad Baking Co. v. Kunkel

An order of attachment was obtained by the plaintiff, and subsequently the defendant became insolvent, was adjudged a bankrupt, and a trustee in bankruptcy was appointed. This is a motion by the defendant to vacate the attachment on the ground of his bankruptcy, and is opposed on the ground that the trustee, and not the bankrupt, must move to vacate the attachment. The only answer made by the defendant to this position is that section 682 of the Code of Civil Procedure authorizes the “defendant,” or a person who has acquired the lien upon, or interest in, his property after it' was attached,…