Loveland v. Alvord Consolidated Quartz Mining Co.

Citations

• 76 Cal. 562
• 18 P. 682
• 1888 Cal. LEXIS 933

Syllabus

<p>Attachment. —An attachment being merely a creature of statute, its existence and operation in any case can continue no longer than the statute provides it may.</p> <p>Id,—Justice’s Court — Effect of Appeal, — After judgment in favor of the defendant in a justice’s court the attachment is discharged, and the property released therefrom, under section 553 of the Code of Civil Procedure, and the defendant may make any disposition or transfer of the property attached which he could have made before it was attached, with like force and effect, notwithstanding an appeal is taken from the judgment, and a judgment is rendered against the defendant upon appeal.</p> <p>Id,— Corporation — Transfer of Stock—Execution Sale.—The title to shares of stock in a corporation which have been attached, and transferred by the defendant in the attachment suit after judgment rendered in his favor in a justice’s court, and pending appeal therefrom, will pass to the purchaser from him, as against an execution purchaser of the stock sold upon a judgment afterward rendered against the defendant in the superior court.</p>