Harding v. Minear

Citations

• 54 Cal. 502

Syllabus

<p>Supplemental Answeb.—A motion to file a supplemental answer is addressed to the sound legal discretion of the Court; and its ruling, in allowing it, will not ho regarded as error, unless there should be an abuse of discretion.</p> <p>Id.—Attachment—Bankbuptcv.—Accordingly, where property of the defendant had been attached, more than four months before tho filing of a petition in bankruptcy by him, and had been released by the giving of an undertaking under § 555 of the Code of Givi'lProcedure: Reid, that, had the property not been released, the plaintiff would have been entitled to a judgment for the enforcement of his attachment lien, and that he was equally entitled to the benefit of the undertaking given as a substitute for the property; that it was, therefore, not error in the Court to refuse the defendant leave to file a supplemental answer, which might deprive the plaintiff of the benefit of the undertaking.</p>