Dulton v. Shelton
California Supreme Court
Appeal from the District Court of the ‘Fourth Judicial District. This action was brought by the plaintiff, resident in Boston, Massachusetts, to recover of the defendants, residents of San Francisco, $21,626 08, the value of goods, wares, and merchandise sold by the plaintiff to the defendants.
Read the full summary
Appeal from the District Court of the ‘Fourth Judicial District. This action was brought by the plaintiff, resident in Boston, Massachusetts, to recover of the defendants, residents of San Francisco, $21,626 08, the value of goods, wares, and merchandise sold by the plaintiff to the defendants. The complaint was filed March 2d, 1853, and on the same day an affidavit was filed, stating the indebtedness of defendants, and that the contract was made after the passage of the act of April 29, 1851, that the same is payable in this State, and that payment had not been secured by mortgage on real or…
1Opinion of the CourtHeydenfeldt, Justice
Wells, Justice, concurred.
The remedy by attachment is given by the statute of this State to those contracts for the direct payment of money which are made, or are payable, in this State.
It is argued, that although the contract was not made, nor by ' its terms payable in this State, yet because the defendants reside here, and the action is transitory, that therefore it is pay*208able here, and entitled to the attachment. This construction would annul every distinction which is contemplated by the language of the act. All actions or contracts for the payment of money are transitory, and so the…
2Cited by8 opinions
- Trabant v. RummellOregon Supreme Court · 1886
- American Industrial Sales Corp. v. Airscope, Inc.California Supreme Court · 1955
- Eck v. HoffmanCalifornia Supreme Court · 1880
- Tuller v. ArnoldCalifornia Supreme Court · 1892
- Erickson v. EricksonCalifornia Court of Appeal · 1920
3 more not listed; retrieve them via the Exa API.