Legal Opinion

A. E. Cook Co. v. K S Racing Enterprises Inc.

California Court of Appeal

Decided July 1, 1969No. Civ. 33257PublishedCited by 19 opinions

1Opinion of the CourtFleming, J.

Defendant K & S Racing Enterprises appeals the denial of its motion to dissolve a writ of attachment obtained by plaintiff A. E. Cook Company, a California corporation. The sole question is whether a corporation which filed suit and obtained a writ of attachment at a time its corporate powers were suspended for nonpayment of taxes, but which thereafter revived its powers by the payment of its back taxes prior to the filing of a motion to discharge the attachment, is entitled to the benefit of its attachment.

On 20 October 1967 plaintiff filed a complaint for money against defendant and…

2Cases cited5 opinions

  1. Traub Co. v. Coffee Break Service, Inc.California Supreme Court · 1967
  2. Schwartz v. Magyar House, Inc.California Court of Appeal · 1959
  3. Hall v. Citizens National Trust & Savings BankCalifornia Court of Appeal · 1942
  4. Maryland Casualty Co. v. Superior CourtCalifornia Court of Appeal · 1928
  5. Peninsula Properties Co. v. County of Santa CruzCalifornia Supreme Court · 1950

3Cited by19 opinions

  1. Peacock Hill Ass'n v. Peacock Lagoon Construction Co.California Supreme Court · 1972
  2. United States v. 2.61 Acres of LandCourt of Appeals for the Ninth Circuit · 1985
  3. Diverco Constructors, Inc. v. WilsteinCalifornia Court of Appeal · 1970
  4. CENTER FOR SELF-IMPROVEMENT & COMMUNITY DEVELOPMENT v. Lennar Corp.California Court of Appeal · 2009
  5. Cadle Co. v. World Wide Hospitality Furniture, Inc.California Court of Appeal · 2006

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