Roberts & Co. v. Landecker

Citations

• 9 Cal. 262

Syllabus

<p>It is well settled that the proceedings by attachment are statutory and special, and must be strictly pursued, and when a party relies upon his attachment-lien as a remedy, he must strictly follow the provisions of the Attachment Law.</p> <p>The provisions of the one hundred and twenty-eighth section were intended for the security of the plaintiff, and not to confer a privilege upon the garnishee, and the plaintiff may or may not, at his election, require the garnishee to appear and answer on oath, and his liability will not be affected by the failure of the plaintiff to take such a step.</p> <p>A plaintiff who has sued out an attachment and given the necessary notice to a garnishee that the property in his hands is attached, and subsequently the garnishee fraudulently disposes of the property, has a right to waive his lien on the property, and bring suit for the value of the property, against the garnishee.</p> <p>If a statute gives a particular remedy in conferring a new right, then the particular remedy must he pursued; hut under the Attachment Law a new right is created, but no practicable remedy is prescribed.</p>