Legal Opinion

Hawley v. Delmas

California Supreme Court

Decided April 15, 1854PublishedCited by 5 opinions

Appeal from the Tenth Judicial District This was an appeal from an order of the District Court, quashing the attachment in the case, on the ground of the insufficiency of the affidavit upon which it was issued. The affidavit alleges an indebtedness of the defendants to the plaintiffs, “over and above all legal set-offs or counter claims, upon a contract express or implied for the direct payment,” etc.

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Appeal from the Tenth Judicial District This was an appeal from an order of the District Court, quashing the attachment in the case, on the ground of the insufficiency of the affidavit upon which it was issued. The affidavit alleges an indebtedness of the defendants to the plaintiffs, “over and above all legal set-offs or counter claims, upon a contract express or implied for the direct payment,” etc. The Court" below held the affidavit uncertain and indefinite, in alleging the contract to be in the alternative, either express or implied, and therefore insufficient. Erom this order the appeal…

1Opinion of the CourtJustice Heydeneeldt

Mr. Ch. J. Murray concurred.

The affidavit for attachment ought to state the ground in ■positive terms. A description in the alternative has always been held insufficient.

Judgment affirmed.

2Cited by5 opinions

  1. Scrivener v. DietzCalifornia Supreme Court · 1885
  2. Harvey v. FosterCalifornia Supreme Court · 1883
  3. Wilke v. CohnCalifornia Supreme Court · 1880
  4. Heaton v. Panhandle Smelting Co.Idaho Supreme Court · 1919
  5. Cope v. Upper Missouri Mining & Prospecting Co.Montana Supreme Court · 1868

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