Gregory v. Hay

Decided October 15, 1853

California Supreme Court · decided 1853-10-15

This was an application for an injunction. The complaint set forth that the plaintiff was the assignee of a lease, executed between the defendant and a previous lessor, for sixty acres of land, for the term of three years, which, by several assignments, becam'e vested in him, with the right to receive the rents reserved, he., which rents were payable in1 kind ; that defendant had raised a large crop of potatoes, on the demised premises, 210 bushels to the acre, which he is…

Cited by 2 later decisions — most recently April 1925

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1853-10-15

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Heydenfeldt, Justice,

¶1delivered the opinion of the court. Wells, Justice, concurred.

¶2 *334To obtain the injunction in this case, it was necessary for the bill of complaint to aver either the insolvency of the defendant, or that he is without any tangible property which could be made the subject of attachment or execution. Without either of these averments, the bill is too defective to sustain the order for an injunction and receiver.

¶3The order of dissolution is affirmed, and the cause remanded for further proceedings.