Howe v. Union Insurance

Citations

• 42 Cal. 528

Syllabus

<p>Attachment Lien Dissolved by Bankruptcy oe Debtor aeter Judgment. — Where Howe commenced an attachment suit against Mc-Cann, and garnished money of McCann’s in the Union Insurance Company, and afterwards recovered judgment and issued execution to the Sheriff, who, however, did not receive the money or actually levy the execution, and before any further steps, and within four months of the issuance of the attachment, proceedings in bankruptcy were commenced against McCann, and an assignee of his estate appointed: held, that the proceedings in bankruptcy dissolved the lien under the garnishment, and that neither the judgment nor execution, without an actual levy or receipt by the Sheriff of the money, would create any other lien.</p> <p>Judgment and Execution, without Levy, do not Convert Attachment Lien into “Lien under Final Process.”—In case of a garnishment in an attachment suit, the mere recovery of judgment and issuance of execution will not, without a receipt by the Sheriff of the property, or an actual levy of the execution, create any additional lien upon the fund garnished, nor convert the attachment lien into a “lien under final process,” within the meaning of section twenty of the Bankrupt Law.</p>