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Weaver v. Hayward

PHILIP L. WEAVER v. LUTHER HAYWARD

Weaver v. Hayward, 41 Cal. 117 (1871)
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Court
California Supreme Court · State Highest Courts
Decided
July 1, 1871
Docket
No. 1,690
Judges
Rhodes
Citations
41 Cal. 117
Syllabus
Affidavit fob Attachment.—The affidavit for an attachment need not state the facts out of which the indebtedness of the defendant to the plaintiff arose.
Summary
Appeal from the District Court of the Fifteenth Judicial District, City and County of San Francisco. The facts are stated in the opinion of the Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Rhodes

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By the Court, Rhodes, C. J.:

Appeal from an order refusing to dissolve an attachment. The ground of the motion is, that the affidavit does not state the facts showing that the defendant is indebted to. the plaintiff, but merely states the conclusion that the defendant is indebted to the plaintiff. In other words, the objection is that the plaintiff did not restate his complaint in the affidavit, but only stated that the express contract upon which the defendant was indebted to him was a promissory note. The practice, since the adoption of the statute, has generally been in accordance with the form employed in this case; and we can conceive of no useful purpose that would be subserved, by setting out in the affidavit all the facts in respect to the contract, which are necessary to be stated in the complaint.

Order affirmed.

Mr. Justice Sprague did not express an opinion.

Mr. Justice Crockett, being disqualified, did not sit in the case. >

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1880–1881: 11890–1891: 11904–1905: 118802026peak 1880 · 1

Relies on it most ⓘ

  1. Crawford v. Roberts8 Or. 324 (1880)
  2. Bank of California v. Boyd25 P. 20 (Cal. 1890)
  3. Gatward v. Wheeler77 P. 23 (Idaho 1904)

Most recent

  1. Gatward v. Wheeler77 P. 23 (Idaho 1904)
  2. Bank of California v. Boyd25 P. 20 (Cal. 1890)
  3. Crawford v. Roberts8 Or. 324 (1880)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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