Koster & Wythe v. Lon Massey

262 F.2d 60 KOSTER & WYTHE, a copartnership, Appellants, v. Lon MASSEY, dba Massey Equipment Company, Appellee, and Antonio C. Baza, individually and as the United States Marshal, District of Guam, Intervenor. No. 16087. United States Court of Appeals Ninth Circuit. November 26, 1958. Spiegel, Turner, Wolfson & Novak, Agana, Guam, Lyle H. Turner, San Francisco, Cal., for appellants. H. G. Homme, Jr., U. S. Atty., Agana, Guam, for appellee. Before HEALY, POPE and CHAMBERS, Circuit Judges. POPE, Circuit Judge. 1 Koster & Wythe commenced an action against Massey in the District Court of Guam and in connection therewith caused a writ of attachment to issue. The intervenor, Baza, the United States Marshal, executed the writ by taking possession of certain personal property of Massey. Thereafter a verdict was returned in favor of the defendant Massey. The plaintiffs moved for a new trial. While the motion for a new trial was pending, and upon motion of the defendant, the district court discharged the attachment pursuant to a Guam statute, § 542b Guam Code of Civil Procedure (1958), which provides that an attachment shall not extend beyond one year. Thereafter…