76 Cal. 562 | Cal. | 1888
The appellant commenced an action in the justice’s court against J. T. Kenworthy and H. S.
Section 553 of the Code of Civil Procedure provides that: “If the defendant recover judgment against the plaintiff, any undertaking received in the action, all the proceeds of sales and money collected by the sheriff, and all the property attached remaining in the sheriff’s hands must be delivered to the defendant or his agent; the order of attachment shall be discharged, and the property released therefrom.”
As attachment is merely a creature of statute, its exist
Judgment and order reversed.
Searls, C. J., McFarland, J., McKinstry, J., and Paterson, J., concurred.