Tibbet v. Sue
California Supreme Court
APPEAL from an order of the Superior Court of Los Angeles County refusing to discharge a writ of attachment. Lucien Shaw, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtGaroutte, J.
This appeal is taken from an order refusing to discharge a writ of attachment. The motion to discharge the writ was based upon three grounds: 1. The amount of plaintiffs demand is not stated in the affidavit for attachment; 2. The writ of attachment does not state the amount of plaintiff’s demand in conformity with the complaint; 3. The undertaking on attachment does not show that the sureties are freeholders or householders.
1. The affidavit for the writ of attachment states that the “defendants in said action are indebted to the plaintiff in the sum of five hundred dollars and interest and…
2Cases cited2 opinions
- De Leonis v. EtchepareCalifornia Supreme Court · 1898
- Winters v. PearsonCalifornia Supreme Court · 1887
3Cited by16 opinions
- Hale Bros. v. MillikenCalifornia Supreme Court · 1904
- Fairbanks, Morse & Co. v. GetchellCalifornia Court of Appeal · 1910
- Whitcomb v. BeyerleinMontana Supreme Court · 1929
- J. C. Peacock, Inc. v. HaskoCalifornia Court of Appeal · 1961
- Heaton v. Panhandle Smelting Co.Idaho Supreme Court · 1919
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