Simpson v. McCarty
California Supreme Court
Appeal from an order of the Superior Court of San Joaquin County, refusing to dissolve an attachment. The facts are stated in the opinion of the court.
1Opinion of the CourtBeatty, C. J.
— This is an appeal from an order overruling a motion to dissolve, vacate, and set aside a writ of attachment. The grounds of the motion were: 1. That the affidavit did not conform to section 538 of the Code of Civil Procedure, in that it did not state whether the debt was upon an implied or an express contract; 2. That it did not appear whether the affidavit was made upon knowledge, or upon information and belief; 3. That it did not appear that the affidavit was made by or on behalf of the plaintiffs; 4. That the attachment was improperly issued, because the affidavit neither stated whether…
2Cases cited1 opinion
- Duprey v. MoranCalifornia Supreme Court · 1854
3Cited by9 opinions
- Hale Bros. v. MillikenCalifornia Supreme Court · 1904
- Mohler v. CommonwealthSupreme Court of Virginia · 1922
- Walker v. PhillipsCalifornia Court of Appeal · 1962
- Eaton v. QueenCalifornia Court of Appeal · 1947
- Bringas v. SullivanCalifornia Court of Appeal · 1954
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