Cahoon

Cahoon v. Levy

Good Law
4 Cal. 244
Supreme Court of CaliforniaJuly 15, 1854California76 words

Lead Opinion

Heydeneeldt, J.

delivered the opinion of the Court.

The answer of the garnishee does not disclose that there are any liens upon the building having priority of claim upon the fund in the hands of the garnishee.

The District Court erred, therefore, in presuming' the existence of such claims.

The order for a bill of interpleader is reversed, and the Court below is directed to enter judgment in conformity with the liability of the garnishee upon his answer.