Hammond v. Starr

Citations

• 79 Cal. 556
• 21 P. 971
• 1889 Cal. LEXIS 770

Syllabus

<p>Attachment—Pleading—Misnomer of Corporation—-Waiver.—The omission in a complaint and proceedings upon attachment against a corporation defendant of the word “company” from its corporate name does not affect the attachment lien, and the error is waived by an appearance and answer of the corporation in its true name without objection.</p> <p>Id. — Amendment of Complaint—Change of Cause of Actions—Collateral Attack. — A defective complaint in an attachment suit may be amended without affecting the attachment lien; and an objection that the amendment stated a different cause of action from that declared on in the original complaint cannot be urged for the first time in a collateral suit on a bond given for release of the attachment.</p> <p>Id. —Action on Bond foe Release of Attachment — Demand—Return of Sheriff. — The sheriff’s return upon, execution showing a demand upon the officers of the defendant corporation for payment of the amount named in the execution, and an answer by them that no money or property of the corporation is in their possession, and showing the execution unsatisfied, shows a sufficient demand for redelivery of the attached property to sustain an action upon a bond given for its release, after notice by the plaintiff to the sureties of non-delivery of the attached property, and demand of payment from them of the amount fixed in the undertaking.</p> <p>Id. — Measure of Damages. —In an action upon a bond given for release of attached property, the measure of damages is the value of the property released, not exceeding the amount recovered in the attachment suit, with statutory interest thereon until the date of judgment in the action upon the bond.</p>