G. Cavaglieri Mortgage Co. v. Superior Court

The petition in this proceeding alleges, among other things, that respondent Pacific Ready-Cut Homes, a corporation, brought suit in respondent court against Malcolm Smith Company, a corporation, for the purpose of recovering a certain sum of money; that in that action the plaintiff procured a writ of attachment and served it upon petitioner, together with a notice requiring petitioner “to pay over or transfer any personal property belonging to the defendant Malcolm Smith Company,” and requiring petitioner “to make return of the amount of said property in its possession”; that thereupon petitioner returned “that it had no property belonging to the defendant Malcolm Smith Company,” but that it did “have an open account with one Malcolm Smith, an individual”; that thereafter petitioner was again served with a writ of attachment in the action and with a notice “that all personal property in its possession . . . due, owing or belonging to or owmed by E'dwin R. Rockwell Company, but belonging to the defendant, Malcolm Smith Company, was attached, and requiring said garnishee company to state in writing the amount of the same”; that petitioner thereupon made return that “it is not…