American Well & Prospecting Co. v. Superior Court

The matter is presented upon a demurrer to the petition. It appears that the Midway Syndicate, Limited, brought an action against petitioner in the superior court of Kern county for the recovery of money. In aid of its action plaintiff sued out a writ of attachment and, as required by the clerk of the court, gave an undertaking in the sum of $200, all in conformity with the provisions of section 539 of the Code of Civil Procedure. The writ was placed in the hands of the sheriff, who, by virtue thereof and as instructed by plaintiff, levied the same upon two rotary oil-drilling rigs belonging to petitioner, the defendant in said action. Thereafter, pursuant to notice, petitioner moved the court for an order increasing the amount of the undertaking from $200 to $30,000, the ground therefor being that the sum of $200 specified in the undertaldng was inadequate to compensate defendant therein for damages which would be sustained by reason of the levy so made upon the property of petitioner. In support of the motion petitioner offered the files and records of the case and an affidavit tending to show the inadequacy of the undertaking, in that petitioner was then engaged as a contractor…