Barbieri v. Ramelli

Citations

• 84 Cal. 174
• 24 P. 113
• 1890 Cal. LEXIS 782

Syllabus

<p>Attachment — Valueless Mortgage — Sufficiency of Affidavit.—An affidavit for attachment showing that the indebtedness was secured by a mortgage, and stating the general conclusion that “said mortgage, without any act of plaintiff, or the person to whom the security was given, became valueless,” is sufficient to justify the clerk in issuing the writ.</p> <p>Id. — Order Refusing to Discharge Attachment — Proof that Security had not Become Valueless — Review on Appeal — Conflict of Evidence.—When, upon a motion to discharge such attachment, the proof offered by the defendant shows without substantia] conflict that there has been no change in the value of the mortgaged premises, or in the security of the mortgage from the time it was executed until the time of the issuance of the writ of attachment, an order refusing to dissolve the attachment will be reversed upon appeal; though if there were any substantial conflict of evidence as to the fact involved, the ruling of the court below would not be disturbed.</p>