Jester

Jester v. Kohler & Chase

Good Law
123 Cal. App. 53·1932 Cal. App. LEXIS 884·10 P.2d 794
Court of Appeal of CaliforniaApril 25, 1932Docket No. 7093.California1,003 words

Opinion

lead Opinion

Thompson, J.

The present action was brought to recover on an attachment bond and damages for a wrongful and malicious attachment. The complaint set forth that the corporate defendant Kohler & Chase, on April 18, 1929, commenced an action in the Justice’s Court of the City and County of San Francisco, and secured a writ of attachment to be issued and directed to the defendant sheriff, directing him to attach and safely keep the property of the plaintiff here, who was the defendant in that action. Kohler & Chase signed the bond as principal and the other defendant, Hartford Accident & Indemnity Co., signed it as surety. Pursuant to the writ there issued, William I. Traeger, as sheriff, levied upon plaintiff’s automobile and kept it until June 17, 1929. It is averred that subsequently a motion to quash service of summons was granted and the action was dismissed. It is also alleged in one count that plaintiff was .deprived of the use of his automobile to his damage in the sum of $530 and in the other count that the plaintiff in the former action acted maliciously and without probable cause and that plaintiff in the present ease has suffered damage by the impairment. of Ms credit and by humiliation…

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