Citrus Packing Co. v. Municipal Court

The petitioner herein sets forth that in a certain case pending in the Municipal Court of the City of Los Angeles a writ of attachment was secured by the plaintiff and on the 18th of September, 1933, was levied on certain citrus fruits and supplies. On the 19th of September, 1933, the petitioner herein filed a third party claim with the marshal of the Municipal Court, who had levied the writ, and on the same day the latter released said attached property pursuant to a stipulation between the attorney for plaintiff and the attorney for the third party claimant, petitioner herein, to the effect that said property should be released forthwith with the same effect as though the marshal had held the property for the period of five days and had then released it due to the failure of the plaintiff to bond against the third party claim. No order of court was made regarding the property. On the 16th of January, 1934, the plaintiff in that action petitioned the lower court for a hearing to determine title under the provisions of section 689' of the Code of Civil Procedure, and it is for the purpose of testing the jurisdiction of the court to conduct such proceeding under these circumstances…