Maskell v. Barker

Citations

• 99 Cal. 642
• 34 P. 340
• 1893 Cal. LEXIS 732

Syllabus

<p>, Malicious Attachment —Levy of Weit Essential.—In order to entitle a plaintiff to recover in an action for damages for a malicious attachment, he must allege and prove that the writ of attachment was executed by attaching his property. The mere malicious suing out of such a writ without probable cause, without levying it upon the property of the party against whom it is issued, will not authorize a recovery.</p> <p>Id,—Insufficient Levy upon Land.—The acts of a constable in filing with the county recorder a copy of a writ of attachment, with a description of the real property sought to be levied upon, and a notice that it is attached, do not constitute a levy within the meaning of section 542 of the Code of Civil Procedure, but it is necessary, in order to complete the levy, that a copy of the writ, description, and notice be left with the occupant of the property, if there is one, or if not, that it be posted on the property.</p> <p>Id. —Publication of Attachment.—One who sues out a writ of attachment, without levying it upon the property of the defendant, is not liable in damages for the publication in a newspaper that the property was attached, and for the transmission of the notice to various commercial agencies, where it does not appear that he caused or was connected in any way with the notices so published and transmitted.</p>