Williamson v. Blattan
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Sevada. This was an action instituted against the defendants to recover from them the sum of 6372 46. The action was brought on an undertaking executed by the defendants to release certain property, seized and held by attachment in a certain suit wherein Teal and Post were plaintiffs, and Davidson and Stevens were defendants.
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Appeal from the District Court of the Fourteenth Judicial District, County of Sevada. This was an action instituted against the defendants to recover from them the sum of 6372 46. The action was brought on an undertaking executed by the defendants to release certain property, seized and held by attachment in a certain suit wherein Teal and Post were plaintiffs, and Davidson and Stevens were defendants. The complaint alleges that Teal and Post commenced a suit in the District Court of the Fourteenth Judicial District, against Davidson and Stevens to recover the sum of $372 46, and that to…
1Opinion of the CourtField, J.
This is an action upon an undertaking executed to release property from an attachment. The complaint does not aver that the property attached was released upon the delivery of the undertaking. In this respect it is defective, and the defect' is one which may be taken advantage of under a demurrer, on the ground that the complaint does not state facts sufficient to constitute a cause of action without further specification. (Palmer v. Melvin et al., 6 Cal., 651; Haire v. Baker, 1 Selden, 857; Johnson v. Wetmore, 12 Barbour, 433 ; Ellissen v. Halleck, 6 Cal., 386.)
It follows that the Court…
2Cases cited2 opinions
- Ellissen v. HalleckCalifornia Supreme Court · 1856
- Palmer v. MelvinCalifornia Supreme Court · 1856
3Cited by2 opinions
- Coburn v. PearsonCalifornia Supreme Court · 1881
- Jenner v. StrohCalifornia Supreme Court · 1877