O'Conor
O'Conor v. Roark
Opinion
Lead Opinion
Vanclief, J.
This appeal is from an order denying defendant’s motion to discharge and quash a writ of attachment issued in the above-entitled action, on the ground that the affidavit upon which the writ was issued is defective and insufficient. The following is a copy of the affidavit:
The grounds of the motion will be stated and considered in the order in which they are presented.
1. It is contended that the affidavit does not show ■ that the defendant was indebted to the plaintiff in his representative character as receiver.
The title of the action, prefixed as a heading to the affidavit, characterizes the plaintiff as “ Receiver of the Consolidated National Bank of San Diego”; and, referring to this heading, the affidavit states that the affiant, Andrew J. O’Conor, “ is the plaintiff in the above entitled action.” This means that he is Andrew J. O’Conbr, receiver of the Consolidated National Bank of San Diego. The next statement, “ that the defendant in said action is indebted to him,” plainly means that defendant is indebted to Andrew J. O’Conor, as characterized in the title of the action. The pronoun “him” relates to and stands for Andrew J. O’Conor, receiver of the Consolidated…