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11 Cal. 260

Kewen v. Johnson

California Supreme Court

Decided July 1, 1858

California Supreme Court · decided 1858-07-01

This was a motion made to the Court below, for an order to compel the defendant, as Clerk of the District Court, to pay over certain moneys in his hands to the plaintiff. The motion was based on the following facts : Goodwin & Co. commenced suit in the District Court of Los Angeles County, by attachment, against Lewis Glazer, to recover a sum of money.

Decided 1858-07-01

Terry, C. J., delivered the opinion of the Court—

¶1Field, J., concurring.

¶2There is no error in the judgment. By the record it appears that the greater part of the money in the hands of the defendant, under the attachment in the case of Goodwin v. Glazer, is claimed by a third party, who has instituted suit to recover it, which suit is now pending and undetermined. If this suit should be determined in favor of the claimant, the sum in the hands of the defendant will be sufficient to satisfy the judgment.

¶3Judgment affirmed.

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