Cahoon v. Levy

California Supreme Court

Cahoon v. Levy

4 Cal. 244

DecidedJuly 15, 1854

StatusPublished

This text of 4 Cal. 244 (Cahoon v. Levy) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cahoon v. Levy, 4 Cal. 244 (Cal. 1854).

Pincite

Opinion

Mr. J. Heydeneeldt

delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

The answer of the garnishee does not disclose that there are any liens upon the building having priority of claim upon the fund in the hands of the garnishee.

The District Court erred, therefore, in presuming' the existence of such claims.

The order for a bill of interpleader is reversed, and the Court below is directed to enter judgment in conformity with the liability of the garnishee upon his answer.

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Mr. J. Heydeneeldt

delivered the opinion of the Court.

Mr. Ch. J. Murray concurred.

The answer of the garnishee does not disclose that there are any liens upon the building having priority of claim upon the fund in the hands of the garnishee.

The District Court erred, therefore, in presuming' the existence of such claims.

The order for a bill of interpleader is reversed, and the Court below is directed to enter judgment in conformity with the liability of the garnishee upon his answer.

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Bluebook (online)

4 Cal. 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cahoon-v-levy-cal-1854.