Gregory v. Hay

California Supreme Court

Gregory v. Hay

3 Cal. 332

California Supreme Court·Decided October 15, 1853·Published·Cited by 2 cases

Opinion

Heydenfeldt, Justice,

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

[334]*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.

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

Free access — add to your briefcase to read the full text and ask questions with AI

Heydenfeldt, Justice,

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

[334]*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.

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

Gregory v. Hay, 3 Cal. 332 (Cal. 1853).

Pincite

3 Cal. 332 (Gregory v. Hay) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related