Aspell Wholesale Grocery Co. v. Meeker

A warrant of attachment has been issued upon the ground that defendant is not a resident of the State. Code Civ. Pro., § 3169, subd. 1. The defendant makes motion to vacate and presents affidavits which clearly show that he is a resident. The plaintiff’s contention that the court may not determine the question of residence upon this motion is not well taken. The cases cited hold that the court will not consider and pass upon the merits of the action on a motion to vacate the attachment unless it is clear that the complaint is so defective that the plaintiff must ultimately fail in the action.…