Allender v. Fritts
California Supreme Court
Appeal from the District Court, Seventh Judicial District, Marin County. On the 4th day of August, 1863, plaintiff commenced an action in the District Court of Marin County against defendants to recover judgment for work and labor alleged to have been done for defendants, and for brick sold them.
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Appeal from the District Court, Seventh Judicial District, Marin County. On the 4th day of August, 1863, plaintiff commenced an action in the District Court of Marin County against defendants to recover judgment for work and labor alleged to have been done for defendants, and for brick sold them. On the same day, plaintiff procured an attachment to be issued in the action, which was placed in the Sheriff’s hands, who, on the same day, levied on personal property of defendants. The summons was served on the same day. On the 13th day of August, defendants served notice on plaintiff that they…
1Opinion of the Court
By the Court, Sawyer, J.
This is an appeal from an order refusing to dissolve an attachment, and from the judgment entered in the cause.
The only error relied on is the refusal to dissolve the attachment. It is insisted by respondent that the question cannot be considered, for the reason that under the provisions of the Practice Act the order is not appealable; and that it *448cannot be reviewed on an appeal from the judgment, for the reason that the Court, on an appeal from a judgment, can only “ review an intermediate order involving the merits and necessarily affecting the judgment.” (Practice…
2Cases cited1 opinion
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