Corum
Corum v. Superior Court
Opinion
Lead Opinion
Knight, J.
The Mutual Building and Loan Association of Long Beach, a corporation, brought an action in the respondent court against petitioner and others to recover the sum of $31,264, and incidental thereto obtained a writ of attachment which it caused to be levied upon certain real and personal property including apartment-house furnishings. Petitioner moved to dissolve the attachment, but prior to the hearing of the motion the plaintiff in the action amended its complaint by reducing the amount sought to be recovered to $26,905.17, and at the hearing filed an amended affidavit, obtained an amended writ of attachment and caused a second levy to be made upon said property; and about a month later an alias writ was obtained and levied upon additional real property.
Petitioner now seeks by this proceeding in mandamus to compel the respondent court to dissolve said attachment and quash the proceeding upon which it is founded upon the ground that the original affidavit of attachment is void for want of jurisdictional averments. In response to the alternative writ issued herein respondent filed a motion to strike out certain portions of the petition, also a demurrer and an answer; but in view…