gno.law

Cahoon v. Levy

California Supreme Court · · 1854-07-15 · Published · 4 Cal. 244

B. CAHOON v. T. S. LEVY Proceedings against ISAAC NATHAN, Garnishee in said Cause

Area
civil
Panel
Heydeneeldt (author), William J. Murray, Jr.

Analysis

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Opinion — Heydeneeldt

Mr. J. Heydeneeldt delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

The answer of the garnishee does not disclose that there are any liens upon the building having priority of claim upon the fund in the hands of the garnishee.

The District Court erred, therefore, in presuming' the existence of such claims.

The order for a bill of interpleader is reversed, and the Court below is directed to enter judgment in conformity with the liability of the garnishee upon his answer.