Greenebaum

This is an appeal from an order denying defendant’s motion to discharge an attachment. The action is for breach of a charter-party. At the commence ment of the action the plaintiff had a writ of attachment and caused its levy upon property of the defendant. The defendant moved to quash the writ and vacate the attachment, upon two grounds; first, that the action is not one within section 537 of the Code of Civil Procedure, i. e., it. is not for the direct payment of money; second, that if the case is within said section, then defendant is deprived of the equal protection of the laws because, in like ease, if plaintiff had breached the contract, the defendant could not have secured an attachment. The defendant supported his motion with an affidavit that he was at all times pertinent to the action a resident of the state of California. His motion was denied, and he takes this appeal from the court’s order in that behalf.

The plaintiff was the owner of the schooner “Bangor,” and chartered the vessel to the defendant under a written contract, made and payable within the state of California, for a voyage from Sidney, New South Wales, to San Francisco. Under this contract defendant…