Yosemite Growers Co-Op Association V. Case-Swayne Co. - Third Appellate District District Court Of Appeal Of California

Yosemite Growers Co-Op Association V. Case-Swayne Co.

By Third Appellate District District Court Of Appeal Of California

  • Release Date - Published: 1946-04-02
  • Book Genre: Law
  • Author: Third Appellate District District Court Of Appeal Of California
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Yosemite Growers Co-Op Association V. Case-Swayne Co. Third Appellate District District Court Of Appeal Of California read online review & book description:

This is an appeal from an order discharging a writ of attachment. The motion was made under section 556 of the Code of Civil Procedure on the ground that the attachment was improperly issued. After written notice of the motion, it was heard and determined upon affidavits filed and with reference to the complaint and the contract attached thereto, marked Exhibit A. The affidavit for attachment was in the usual statutory form pursuant to sections 537 and 538 of the Code of Civil Procedure, except that it did not aver that a lien existed and that it had become valueless through no fault of the plaintiff. It did, however, aver that the suit was brought to recover an indebtedness of $43,399.76, based on an implied contract for the direct payment of money, and that the debt "has not been secured by any mortgage or lien upon real or personal property."

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