Gregory v. Hay
California Supreme Court
Appeal from the District Court of the District, County of Santa Cruz. This was an application for an injunction. The complaint set forth that the plaintiff was the assignee of a lease, executed between the defendant and a previous lessor, for sixty acres of land, for the term of three years, which, by several assignments, becam'e vested in him, with the right to receive the rents reserved, he., which rents were payable in1 kind ; that defendant had raised a large crop of…
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Appeal from the District Court of the District, County of Santa Cruz. This was an application for an injunction. The complaint set forth that the plaintiff was the assignee of a lease, executed between the defendant and a previous lessor, for sixty acres of land, for the term of three years, which, by several assignments, becam'e vested in him, with the right to receive the rents reserved, he., which rents were payable in1 kind ; that defendant had raised a large crop of potatoes, on the demised premises, 210 bushels to the acre, which he is now gathering, one-fourth of which is payable to…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
*334To obtain the injunction in this case, it was necessary for the bill of complaint to aver either the insolvency of the defendant, or that he is without any tangible property which could be made the subject of attachment or execution. Without either of these averments, the bill is too defective to sustain the order for an injunction and receiver.
The order of dissolution is affirmed, and the cause remanded for further proceedings.
2Cited by2 opinions
- Schmitt v. CassiliusSupreme Court of Minnesota · 1883
- Eames v. PhilpotCalifornia Court of Appeal · 1925