G. Cavaglieri Mortgage Co. v. Superior Court

WORKS, P. J.

The petition in this proceeding alleges, among other things, that respondent Pacific Ready-Cut Homes, a corporation, brought suit in respondent court against Malcolm Smith Company, a corporation, for the purpose of recovering a certain sum of money; that in that action the plaintiff procured a writ of attachment and served it upon petitioner, together with a notice requiring petitioner “to pay over or transfer any personal property belonging to the defendant Malcolm Smith Company,” and requiring petitioner “to make return of the amount of said property in its possession”; that thereupon petitioner returned “that it had no property belonging to the defendant Malcolm Smith Company,” but that it did “have an open account with one Malcolm Smith, an individual”; that thereafter petitioner was again served with a writ of attachment in the action and with a notice “that all personal property in its possession . . . due, owing or belonging to or owmed by E'dwin R. Rockwell Company, but belonging to the defendant, Malcolm Smith Company, was attached, and requiring said garnishee company to state in writing the amount of the same”; that petitioner thereupon made return that “it is not indebted to said defendant, Malcolm Smith Company, nor has this corporation in its possession or under its control any moneys or other personal property due, owing or belonging to or owned by Edwin R. Rockwell Company, a corporation, but, or, belonging to the defendant, Malcolm Smith Company, a corporation. This corporation further states that it has purchased from one Malcolm Smith, an individual, a certain promissory note in the sum of $110,000, executed by Edwin R. Rockwell Company, a corporation, in favor of Malcolm Smith, which said note was

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assigned by said Malcolm Smith to this corporation, the consideration therefor to be paid to the assignor subject to and in accordance with, the terms of a certain contract between said Malcolm Smith and this corporation”; and that thereafter respondent Doran made an order reciting that it had appeared that petitioner, at the time of the service of the writ of attachment, had “in its possession and under its control the sum of $17,895.00, the property of Malcolm Smith Company, a corporation, and same is capable of manual delivery” and commanding petitioner “forthwith to pay to sheriff of the County of Los Angeles” the sum named “subject, to the further order or orders of this Court appertaining thereto.” It further appears from the petition that petitioner has not complied with this order; that petitioner has been cited to show cause, by its president, why it, by and through its president, should not be punished for contempt of court for its noncompliance with the order; and that respondent court, unless it be restrained, will punish petitioner and its president for contempt. Upon the allegations of the petition we issued an alternative writ of prohibition.