Minor v. Gurley

Section 649 of the Code of Civil Procedure provides how a levy under a warrant of attachment is to be made; by its first subdivision “ upon real property,” by its second subdivision “ upon personal property capable of manual delivery ” and by its third subdivision upon “ other personal property.” The words “ other personal property,” as used in this subdivision, must be held to apply to personal property not capable of manual delivery. The sheriff, upon making the levy, may become liable in two ways — to a claimant for ■ an improper levy; or to the plaintiff-for failure to make a proper levy.…