Kohler v. Agassiz

Citations

• 99 Cal. 9
• 33 P. 741
• 1893 Cal. LEXIS 608

Syllabus

<p>Attachment—Action by Assignee of Insolvent Cobpobation against Non-besident Stockholdebs—Subscbiptions to Capital Stock—Accounting__An action by the assignee of an insolvent corporation organized under the laws of this state to recover from the stockholders the balance due from them severally upon their subscriptions to its capital stock, is an action upon contract, and an attachment will lie against non-resident stockholders who are sued as defend* ants therein; and it is immaterial that the complaint does not show the amount due upon each subscription and that the prayer of the complaint is for an accounting, where the affidavit for attachment shows the amount due.</p> <p>Id. — Affidavit—Seoubity—Evidence of Contbaot—Complaint.—An affidavit for attachment against a non-resident of the state need not state that the payment of the claim is not secured by mortgage lien or pledge, or that the claim is upon a contract. That the action is upon a contract, express or implied, need only appear from the complaint in the action.</p> <p>Id. — Pbopbibty of Attachment—Regulabity. — An attachment is properly issued when issued in a case provided for by section 537 of the Code of Civil Procedure, and it is regularly issued when the requirements of sections 538 and 539 are complied with.</p> <p>Id.—Attachment against Non-besidents—Sufficiency of Complaint__Upon a motion to dissolve an attachment against non-resident defendants, it cannot be inquired whether the complaint is ambiguous, unintelligible, or uncertain, but only whether it shows that the action is upon contract, express or implied, and states a cause of action, or whether it appears therefrom that it can be so amended as to state a cause of action upon contract.</p> <p>Id.—Motion to Dissolve Attachment — Defective Complaint—Pbayeb of Complaint.—A motion to dissolve an attachment cannot reach defects in the complaint, and no objections can be urged thereupon to the prayer of the complaint.</p> <p>Ip.—Subscbiption to