Erickson

Erickson v. Erickson

Good Law
1920 Cal. App. LEXIS 388·47 Cal. App. 319·190 P. 464
Court of Appeal of CaliforniaMay 3, 1920Civ. No. 3007.California493 words

Opinion

Lead Opinion

James, J.

Appeal .from an order dissolving an attachment issued at the instance of the plaintiff.

[1] The action was brought in the superior court of the county of Los Angeles and the cause of action stated was upon liability created by a judgment, which judgment was entered against defendant in the state of Washington. Plaintiff, as a prerequisite to the issuance of the attachment, made her affidavit in which she alleged that her claim was “for money due, owing, and unpaid on account of judgment rendered in favor of the plaintiff and ■ against the defendant, and that such contract was made and is payable in this state, ...” Section 537 of the Code of Civil Procedure permits attachment to be issued in an action upon a contract, express or implied, for the direct payment of money, “where the contract is made or is payable in this state.” As to whether a judgment in any clear sense constitutes a contract, is open to debate. English writers on the common law decline to give it that general character because, for one thing, a judgment in contested cases lacks the essential of consent of the party to be bound. However*, judgments were sometimes classified as “contracts of record” upon the…

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