Fridenberg v. Pierson

Citations

• 18 Cal. 152

Syllabus

<p>A junior attaching creditor cannot take advantage of irregularities in the affida- . vit or bond given by a prior attaching creditor of a common debtor.</p> <p>The fact that an affidavit for an attachment omits to aver that the sum for which the writ is asked is “an actual bona fide existing debt, due and owing from the defendant to the plaintiff, and that the attachment is not sought and the action is not prosecuted to hinder delay or defraud any creditor or creditors of the debt,” does not render the attachment issued a nullity as against subsequent attaching creditors.</p>