Kimball

Kimball v. Richardson Kimball Co.

Good Law
111 Cal. 386·1896 Cal. LEXIS 594·43 P. 1111
Supreme Court of CaliforniaFebruary 27, 1896No. 19568California2,368 words

Opinion

Lead Opinion

Searls, J.

The action was brought by the plaintiff upon a promissory note to recover from defendant $1,500 and interest.

Plaintiff issued an attachment which was levied upon certain property and moneys of defendant in the hands of the Los Angeles National Bank. Defendant made default, and no question was made as to plaintiff’s right to a judgment against defendant.

William Deering & Co. (a corporation) also brought an action against the same defendant (a corporation) to recover money due it from said defendant; issued a writ of attachment, which was subsequently levied upon the same property and money previously levied upon by plaintiff.

William Deering & Co. took judgment against defendant for $1,372.69. After levying its attachment William Deering & Co. intervened in this action, and set up facts claiming to show the lien of plaintiff’s attachment should be postponed and held subordinate to the lien of its subsequent attachment. The cause was tried by the court, written findings filed, and judgment rendered, adjudging the lien of intervenor’s attachment superior to that of the attachment lien of plaintiff, and adjudging the former to be first paid out of the attached…

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