San Francisco Commercial Agency v. McKeon
SAN FRANCISCO COMMERCIAL AGENCY, Respondent, v. NEAL J. McKEON Et Al., Appellants
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of Alameda County
- Trial judge
- William S. Wells
- Outcome
- other — The facts are stated in the opinion of the court. H. M.
- Area
- civil
- Panel
- The Court. — (author)
Analysis
No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.
Opinion
THE COURT.
This is an appeal from a judgment in favor of plaintiff and against the defendants brought to this court upon the judgment-roll.
The sole point presented for determination is as to whether or not the trial court, in overruling the defendants’ general demurrer to the complaint committed error.
The complaint alleges that “On the 14th day of February, 1913, defendants became indebted to the plaintiff in the sum of $383.90 by virtue of a certain writ of garnishment being served upon said defendants by the sheriff of the county of Alameda” in that certain action “in which the San Francisco Commercial Agency was the plaintiff, and one Margaret Hall the defendant.” < *157 The statute on the subject, it is true, in the case of a garnishment requires that the sheriff in executing the writ shall not only leave a copy of the writ with the person owing the debt to the defendant, but also a notice that the debt owing by him to the defendant is attached in pursuance of such writ. But we think the complaint, in the absence of a special demurrer, states sufficient facts to constitute a cause of action; and it was so held in the recent case of Midway Five Oil Co.
v. Citizens Nat. Bank of Los Angeles, 25 Cal. App. 366, [143 Pac. 800].
Judgment affirmed.
Cites, in this corpus
- Midway Five Oil Co. v. Citizens National Bank Civ. No. 1573. · 1914-09-04