McFadden v. O'Donnell
California Supreme Court
Appeal from the Twelfth District. Suit for w.ork performed and materials furnished by plaintiff, for defendant under written contracts for the erection of a block of buildings in San Francisco. The complaint, filed Aug. 24th, 1858, claims a certain sum as stipulated in the contracts, and a further sum for extra work.
Read the full summary
Appeal from the Twelfth District. Suit for w.ork performed and materials furnished by plaintiff, for defendant under written contracts for the erection of a block of buildings in San Francisco. The complaint, filed Aug. 24th, 1858, claims a certain sum as stipulated in the contracts, and a further sum for extra work. The contracts, made part of the complaint, provided that the buildings should be erected in accordance with plans and specifications made by one Williams, who, the contract says, “ shall at all times during the progress of said work, and up to the time of its final completion,…
1Opinion of the Court
Baldwin, J. delivered the following opinion:
Plaintiff sued defendant on indebtedness for work, etc. Before the commencement of this suit, one Webster sued McFadden and got out attachment, upon which O’Donnell was garnisheed as the debtor of McFadden, the plaintiff. Webster recovered judgment against McFadden, but, it seems, proceeded no further. After the commencement of this suit McFadden paid Webster his debt. This matter of the garnishment is insisted on by O’Donnell as presenting a bar or matter 'of abatement to this action. But we think this is not its legal effect. The mere attachment…
2Cases cited1 opinion
- Crawford v. SladeSupreme Court of Alabama · 1846
3Cited by24 opinions
- German-American Insurance v. YeagleyIndiana Supreme Court · 1904
- Howland v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1896
- Jax Ice & Cold Storage Co. v. South Florida Farms Co.Supreme Court of Florida · 1926
- Headley v. CavileerSupreme Court of New Jersey · 1912
- Crowley v. United States Fidelity & Guaranty Co.Washington Supreme Court · 1902
19 more not listed; retrieve them via the Exa API.