Peak

The questions presented for decision upon this hearing arose out of the following state of facts as they appear upon the face of the record in the main case recently decided by this court (Republic Truck Sales Corp. v. Peak, 194 Cal. 492 [ 229 Pac. 331 ]), and which may be briefly summarized as follows: The plaintiffs herein commenced this action against the defendant, George Peak, to recover the aggregate sum of $50,075.19 as set forth in the several counts of their complaint, and procured a writ of attachment to issue and be levied upon certain personal property of said defendant. At the time of the issuance and levy of said writ, as appears from the sheriff’s return thereon, the said property was in the custody of said sheriff under, and was subject to, two prior attachments issued and levied in actions theretofore instituted by other creditors of said Peak. Subsequent to the issuance and levy of the plaintiffs’ said writ, the defendant made a motion to discharge the same and release his said property from attachment thereunder upon the ground that said writ did not conform to, but was in violation of the provisions of section 538 of the Code of Civil Procedure. The trial court…