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People v. Brown

58 Cal. App. 2d 899 Court Fourth Dist. Decision date 1943-05-07 Docket Civ. No. 2651 English

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p. 899
[Civ. No. 2651.
Fourth Dist.
May 7, 1943.]
THE PEOPLE, Appellant, v. PORTER L. BROWN, Respondent.
Earl Warren, Attorney General, Walter L. Bowers and Gilbert F. Nelson, Deputies Attorney General, for Appellant.
Irvine P. Aten, Richard Y. Aten and G. L. Aynesworth for Respondent.

A judgment of dismissal in this case, based upon the sustaining of a demurrer without leave to amend, was heretofore reversed (People v. Brown, 57 Cal.

p. 900
App.2d 1018 [ 134 P.2d 305 ]). This appeal is from an order dissolving an attachment which order was made at the time the demurrer was sustained. It having been determined by the reversal of the judgment that a cause of action was alleged, and this being an action in which an attachment is permitted (Code Civ. Proc. sec. 537, subd. 5), the order dissolving the attachment is reversed.