Risdon Iron & Locomotive Works v. Citizens' Traction Co. of San Diego

Respondent is a street railroad corporation organized under the laws of this state, and on January 9, 1897, in virtue of certain franchises to it granted by the city of San Diego, it was engaged in operating a line of street railway in said city for the transportation of passengers, electricity being used as the motive power. This is an action by appellant, which is also a corporation, on a promissory note of respondent; on the day aforesaid appellant caused a writ of attachment, issued in the action, to be levied on certain cars, trucks, electric goods and supplies, fire-proof safes, et cetera, the property of respondent, then used and necessary to be used in and about the business of operating said line of street railway. Thereupon respondent moved the court to discharge the attachment on the ground (we state it generally) that, considering the nature of respondent’s business as a carrier of passengers, and the uses of the attached property in that behalf, the same was not subject to attachment for respondent’s debt. The court ordered that “said attachment be discharged in respect of said property.” Plaintiff appealed from the order.

Respondent makes the point that no appeal…