Alpha Stores, Ltd. v. You Bet Mining Co.

This is an appeal from an order denying defendant’s motion to vacate an attachment on real property which was levied in the above-entitled action. It is contended the levy was void for failure to serve upon the occupant of the property a copy of the notice of attachment.

Complaint was filed in Nevada County, August 14, 1935, against the defendant for an indebtedness represented by an open book account. Summons was immediately issued thereon. Upon proceedings duly had pursuant to section 537 of the Code of Civil Procedure, a writ of attachment was issued on the same day. The defendant is a…