Jensen

Jensen v. Dorr

Good Law
157 Cal. 437·1910 Cal. LEXIS 278·108 P. 320
Supreme Court of CaliforniaMarch 28, 1910L.A. No. 2441.California1,442 words

Opinion

Lead Opinion

Sloss, J.

Appeal by defendant from an order of the-superior court of San Diego County denying his motion to dissolve an attachment. The complaint in the action was in nineteen counts, each of which set up a cause of action for services or material furnished and used in the construction of the yacht “Yankee Girl,” owned by the defendant, Dorr. The total sum demanded was $4,001.76, for which plaintiff claimed a lien upon said vessel under the terms of section 813 of the Code of Civil Procedure. Upon the filing of the complaint, the plaintiff filed an affidavit, in the form prescribed by section 538 of the said code, averring, among other things, that the payment of the contract in suit “has not been secured by any mortgage or lien upon real or personal property or any pledge of personal property.” At the same time an undertaking on attachment in the sum of five hundred dollars was filed. Thereupon a writ of attachment, in the form prescribed by section 540, was issued out of said court to the sheriff of Los Angeles County, and said sheriff made return that he had attached the yacht “Yankee Girl” with its tackle, apparel, and furniture. Thereafter the defendant moved the court to dissolve and…

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