Holladay v. Hare

Citations

• 69 Cal. 515
• 11 P. 28
• 1886 Cal. LEXIS 673

Syllabus

<p>Bankruptcy—Discharge — Liability or Property Attached—Judg-, ment. —The action was commenced on the 16th of May, 1876, to recover the value of professional services rendered by the plaintiff to the defendant. On the following day, certain money belonging to the defendant, on deposit in the Bank of California, was levied upon under an attachment regularly issued in the action. On the 17th of June, 1876, the defendant procured the release of the property attached by giving the undertaking required by section 555 of the Code of Civil Procedure. Pending the action, on the 15th of March, 1877, the defendant instituted proceedings for his discharge in bankruptcy, and on the 27th of September, 1878, obtained a certificate discharging Mm from all his debts existing on the 15th of March, 1877. The defendant set up Ms discharge as a bar to the action in a supplemental answer. Judgment was rendered in favor of the plaintiff as stated in the opinion. Held, that the judgment was proper, as the lien of the attachment, which accrued more than four months prior to the commencement of the bankruptcy proceedings, was not affected by the discharge.</p> <p>Id. — Held further, that the portion of the judgment purporting to authorize a proceeding on the undertaking against the sureties was surplusage.</p>