S. C. V. Peat Fuel Co. v. Tuck
California Supreme Court
Appeal from the District Court of the Twentieth Judicial District, Santa Clara County. This was an attachment suit founded upon the facts stated in the opinion. Upon motion of the defendant, the attachment was dissolved, and the plaintiff appealed.
1Opinion of the Court
By the Court, Crockett, J. :
The motion to dissolve the attachment was not based on any alleged insufficiency in the affidavit, but on the ground that the *305cause of action set forth in the complaint was of such a nature that under the statute no attachment could issue upon it; or, in other words, it was claimed that the facts alleged in the complaint did not state a cause of action “ upon a contract, expressed or implied, for the direct payment of money.” The substance of the complaint was, that the defendant, by a written contract, (a copy of which was annexed to the complaint] had agreed with…
2Cited by28 opinions
- Philpott v. Superior CourtCalifornia Supreme Court · 1934
- McCall v. Superior CourtCalifornia Supreme Court · 1934
- Richter v. Union Land & Stock Co.California Supreme Court · 1900
- Hayes v. County of Los AngelesCalifornia Supreme Court · 1893
- Bray v. LoweryCalifornia Supreme Court · 1912
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