Willett & Burr v. Alpert
California Supreme Court
APPEALS from orders of the Superior Court of the City and County of San Francisco, discharging writs of attachment. George A. Sturtevant, Judge. The facts are stated in the opinion of the court.
1Dissent
SHAW, J., Dissenting.
I dissent.
The case comes up upon appeal from an order granting a motion to dissolve the attachment. Upon a, decision of such a motion the court does not scrutinize the complaint and judge its sufficiency as rigidly as upon considering an order sustaining a demurrer thereto. “Unless the complaint shows upon its face that the plaintiff has no cause of action with the help of an amendment, the attachment should not be dissolved. If the complaint is defective merely, and can be made good by amendment, the plaintiff should be allowed to amend before the decision of the motion…
2Cases cited6 opinions
- Hathaway v. DavisCalifornia Supreme Court · 1867
- Lehmann v. SchmidtCalifornia Supreme Court · 1890
- Deere v. LewisIllinois Supreme Court · 1869
- Hill v. Smith & CarpenterSupreme Court of Vermont · 1859
- Babcock v. BriggsCalifornia Supreme Court · 1877
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