Low v. Adams

Citations

• 6 Cal. 277
• 1856 Cal. LEXIS 124

Syllabus

<p>The remedy by attachment is not a distinct proceeding, in the nature of an action in rein, but is a proceeding auxiliary to an action at law, designed to secure the payment of any judgment the plaintiff may obtain.</p> <p>It follows that the bond given to release property attached, only releases it from the custody of the sheriff, and is not an actual substitution of security, compelling the plaintiff to proceed upon the bond alone to collect his judgment.</p> <p>The perfecting an appeal does not release the lien acquired by docketing the judgment-</p> <p>The judgment debtor cannot set up errors in docketing the judgment as destroying its lien, when the property has been sold on execution under the judgment; if the property sold is his, the levy operated as a lien; if not, he has no right to complain.</p> <p>Where judgment is taken jointly against two defendants, it makes no difference, so far as they are concerned, whether the sheriff first levied on joint property or not.</p> <p>The time in which a sheriff makes return to an execution, does not affect the validity of the execution, or of a sale under it.</p>