Coburn v. Pearson

Citations

• 57 Cal. 306

Syllabus

<p>Undbbtaking—Attachment — Complaint—Pleading. — In an action upon an undertaking given to prevent the levy of an attachment, the complaint stated that the sheriff did proceed to levy upon and attach certain personal property; and that before the completion of said levy, the defendants, for the purpose of preventing the levy or the completion thereof, tendered the sheriff the undertaking required by law, etc., which undertaking was duly taken and accepted by the sheriff. Held, that the complaint was defective in not stating that the sheriff did not complete the levy, or that he proceeded no further therewith.</p>