McEldowney v. Madden

Citations

• 124 Cal. 108
• 56 P. 783
• 1899 Cal. LEXIS 951

Syllabus

<p>Attachment Suit—Intervention by Subsequent Lienholder.—A subsequent attachment or execution creditor who has levied' upon the same property attached in a prior, action may intervene therein, , • and upon.a proper showing, defeat the lien of the prior attachment.</p> <p>Id.—Sufficiency of Showing.—When such an intervenor alleges facts showing that the plaintiff in the prior attachment suit has nó ; cause of action against the defendant, and that the attachment therein is null and void, that the property attached is insufficient to pay the intervener’s claim, and that defendant has not sufficient property to pay both the intervenor and the plaintiff, it is error to deny the right of intervention.</p>