O'Conor v. Witherby
California Supreme Court
Appeal from orders of the Superior Court of San Diego County refusing to dissolve an attachment, and from an order refusing to retax the costs of the attachment. E. S. Torrance, Judge. The plaintiff sued as receiver of the Consolidated Bank of San Diego.
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Appeal from orders of the Superior Court of San Diego County refusing to dissolve an attachment, and from an order refusing to retax the costs of the attachment. E. S. Torrance, Judge. The plaintiff sued as receiver of the Consolidated Bank of San Diego. The affidavit for attachment against the defendant contained the title of the court and cause, and the body of it was as follows: “ Andrew J. O’Conor, being duly sworn, says that he is the plaintiff in the above-entitled action; that the defendant in the said action is indebted to him in the sum of ten thousand dollars, and legal interest…
1Opinion of the Court
Haynes C.
Appeal from an order denying defendant’s motion to dissolve an attachment, and from an order refusing to retax the costs of said attachment.
Appellant’s only contention is that the affidavit for attachment is defective and insufficient in the following particulars: 1. That it does not show that the defendant was indebted to the plaintiff; 2. That it does not specify the amount of such indebtedness; 3. That the amount of plaintiff’s demand in said writ is not stated in conformity to the complaint; 4. That it does not specify the amount of such indebtedness over and above all legal…
2Cases cited1 opinion
- O'Conor v. RoarkCalifornia Supreme Court · 1895
3Cited by2 opinions
- Corum v. Superior CourtCalifornia Court of Appeal · 1931
- Knutsen v. PhillipsIdaho Supreme Court · 1909