Moore

Bank of Ukiah v. Moore

Good Law
106 Cal. 673·1895 Cal. LEXIS 660·39 P. 1071
Supreme Court of CaliforniaApril 3, 1895No. 15595California1,106 words

Opinion

lead Opinion

Searls, J.

This is ,a bill for an injunction by the corporation plaintiff in aid of the preservation of certain personal property (neat cattle, sheep, etc.), upon which said plaintiff holds a chattel mortgage.

Defendants demurred to the complaint, and moved the dissolution of an injunction issued in the cause for the discharge of a receiver appointed therein.

The demurrers (two in number) to the complaint were sustained by the court upon the grounds stated therein, viz., that the complaint did not state facts sufcient to constitute a cause of action. The injunction was dissolved, the receiver discharged, and plaintiff having failed to amend, final judgment went for defendants.

Defendant Mahulda 0. Drew filed an answer with her demurrer. The other defendants did not answer. The appeal is by plaintiff from the final judgment and from the order dissolving the injunction.

The complaint to which the demurrers were interposed avers, in addition to the more formal portions thereof:

The prayer is for an injunction and for an order appointing a receiver, etc.

The complaint was filed herein May 24, 1893, and consequently the note and mortgage of plaintiff were not then due and payable.

This…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.