Carstens v. Milo

Citations

• 40 Wash. 335
• 82 P. 410
• 1905 Wash. LEXIS 983

Syllabus

<p>Attachment — Debt Not Due — Pleadings — Complaint — Demurrer— Failure to Allege Fraudulent Disposition op Property. Upon attachment for a debt not due, permitted by Bal. Code, § 5352, in certain cases, the complaint is demurrable, where it fails to allege a fraudulent disposition of the defendant’s property, as required by said statute, and it is not aided by the statements of the affidavit for attachment.</p> <p>Same — Quashing Writ — Right to Amend Complaint — Failure to Opper Amendment. The dismissal of an action, upon sustaining a demurrer to the complaint and quashing a writ of attachment for defects in the complaint, cannot be urged as error where plaintiffs made no application to amend the defects, as authorized by Bal. Code, § 5380.</p>