Gregory v. Hay

California Supreme Court

Gregory v. Hay

3 Cal. 332

CourtCalifornia Supreme Court

DecidedOctober 15, 1853

StatusPublished

Cited by2 cases

This text of 3 Cal. 332 (Gregory v. Hay) 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

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

Pincite

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.

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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.

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Bluebook (online)

3 Cal. 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-v-hay-cal-1853.

Opinion

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