Runkle v. Lane
Runkle v. Lane
Opinion of the Court
Respondent has made a motion in this court to dismiss the within appeal from an order of the trial court denying appellants’ motion to dissolve and discharge an attachment, or to affirm such order, on the grounds that appellants have failed to present any substantial question and that said appeal appears to have been taken for delay only.
The clerk’s transcript reveals that respondent purchased from appellants three certain documents denominated “Certificates of Assignment” which purported to assign to respondent undivided interests in certain notes, each certificate stating : ‘ ‘ Note above described is a portion of a loan aggregating
Appellants assert in their opening brief on appeal that the amended affidavit is insufficient because (1) it does not show that respondent’s claim is not secured; (2) that it does not show that if originally secured the security has become valueless; (3) that on the contrary it shows that there is security of substantial value.
Respondent in the instant proceeding to dismiss or affirm restates the questions upon appeal and urges the following propositions:
1. That the instrument sued upon in each instance constitutes a corporate security;
2. That because it constitutes such security it is void;
3. That being void it does not constitute any security.
Prom the foregoing résumé it readily appears that the appeal herein presents a debatable question of law. Therefore, the motion to dismiss or affirm is denied. (Taketa v. Policy Holders Life Ins. Assn., 127 Cal. App. 758 [16 Pac. (2d) 312].)
Doran, J., and White, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.