Winters v. Pearson
California Supreme Court
Appeal from an order of the Superior Court of the city and county of San Francisco dissolving an attachment. The action was brought on a promissory note, and a writ of attachment was issued therein and levied on property of the defendant on the 6th of November, 1876. On the 27th of February, 1877, the defendant procured a release of the attached property by executing the bond required by sections 554 and 555 of the Code of Civil Procedure, and afterwards moved to have the…
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Appeal from an order of the Superior Court of the city and county of San Francisco dissolving an attachment. The action was brought on a promissory note, and a writ of attachment was issued therein and levied on property of the defendant on the 6th of November, 1876. On the 27th of February, 1877, the defendant procured a release of the attached property by executing the bond required by sections 554 and 555 of the Code of Civil Procedure, and afterwards moved to have the attachment dissolved, on the ground that the affidavit on which it was issued was defective. The alleged defect in the…
1Opinion of the CourtThornton, J.
The attachment was improperly and irregularly issued within the ruling of this court in Wilke v. Cohn, 54 Cal. 212.
On a motion to discharge a writ of attachment, on the ground that it was improperly or irregularly issued, the affidavit on which the writ was issued is not amendable. This, in our opinion, is in accordance with section 558 of the Code of Civil Procedure, which provides that if, on such an application, it satisfactorily appears that the writ was improperly or irregularly issued, it must be discharged.
To allow the affidavit to be made good by amendment, and upon such action refuse…
2Cases cited1 opinion
- Wilke v. CohnCalifornia Supreme Court · 1880
3Cited by9 opinions
- Fairbanks, Morse & Co. v. GetchellCalifornia Court of Appeal · 1910
- Tibbet v. SueCalifornia Supreme Court · 1898
- Freer v. WhiteMichigan Supreme Court · 1892
- Pajaro Valley Bank v. ScurichCalifornia Court of Appeal · 1908
- O'Connell v. WalkerCalifornia Court of Appeal · 1910
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