California Supreme Court, 1854

Cahoon v. Levy

Cahoon v. Levy
California Supreme Court · Decided July 15, 1854 · Heydeneeldt, Murray
4 Cal. 244

Cahoon v. Levy

Opinion of the Court

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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