Freeborn v. Glazer

Citations

• 10 Cal. 337

Syllabus

<p>A count, in the ordinary form of counts in indebitatus assumpsit, for goods sold and delivered, and money paid and expended, is sufficient under our system of practice. If the allegations are deemed too general, the defendant can apply for and obtain an order upon the plaintiff to furnish a bill of particulars.</p> <p>A notice of motion to discharge a writ of attachment, “because the said writ was improperly issued,” is insufficient. The notice should specify the grounds of the motion, and wherein it will be urged that the writ was improperly issued.</p> <p>The one hundred and thirty-eighth section of the Practice Act, which provides that the defendant may, at any time before answering, “apply, on motion, upon reasonable notice to the plaintiff, to the Court in which the action is brought, or to the Judge thereof, or to a County Judge, that the attachment be discharged on the ground that the writ was improperly issued,” does not obviate the necessity of specifying the particular points of irregularity upon which the motion will be made.</p> <p>Where a notice of motion to dismiss a complaint on specified grounds is given, to obtain a review of the order made on the motion, the record must disclose the papers read, or the evidence offered in their support.</p>