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MILLER v. BANK OF AMERICA, N. T. & S. A.

No. 11628.

166 F.2d 415 (1948)

MILLER v. BANK OF AMERICA, N. T. & S. A., et al.

Circuit Court of Appeals, Ninth Circuit.

February 19, 1948.

Attorney(s) appearing for the Case

Bernal & Bernal, of Berkeley, Cal., for appellant.

Theron Lamar Caudle, Asst. Atty. Gen., Helen R. Carloss, A. F. Prescott, Newton K. Fox and Ellis N. Slack, Sp. Assts, to Atty. Gen., Frank J. Hennessy, U. S. Atty, and William E. Licking, Asst. U. S. Atty., both of San Francisco, Cal., for appellee U. S. A.

Before GARRECHT, MATHEWS and HEALY, Circuit Judges.

GARRECHT, Circuit Judge.

The claim of appellant arises out of an action instituted against Lyle B. Everett and Joseph B. McEachern in the Superior Court for Mendocino County, California. On January 5, 1944, a writ of attachment for $8,212.52 was issued and served upon the Bank of America. On March 11, 1944, a judgment by default in favor of appellant was entered in the amount of $5,052.43, plus attorneys' fees and interest and costs, which judgment was entered on...

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