Author Question: The Supreme Court's Howey test holds that a security is an investment of money in a common ... (Read 107 times)

jhjkgdfhk · **on:** Jun 24, 2018

The Supreme Court's Howey test holds that a security is an investment of money in a common enterprise where others work to earn profits for investors.
a. True
b. False
Indicate whether the statement is true or false

Question 2

Writ of Attachment. Topjian Plumbing and Heating, Inc, the plaintiff, sought pre-judgment writs of attachment to satisfy an anticipated judgment in a contract action against Bruce Topjian, Inc, the defendant. The plaintiff did not petition the court for permission to effect the attachments but merely completed the forms, served them on the defendant and on the Fencers (the owners of a parcel of land that had previously belonged to the defendant), and recorded them at the registry of deeds. On what grounds might the court invalidate the attachments?

ladyjames123 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

TRUE

Answer to Question 2

Writ of attachment
The court invalidated all of the attachments on the grounds that they were not in compliance with the state prejudgment attachment statute. The statute required application to the court for an order to attach property. The court stated that the standard requirements of due process, such as notice and hearing, must be adhered to before property interests can be encumbered by a pre-judgment attachment. The court noted that the proper procedure is to petition the court for permission to obtain an attachment order before serving it on the defendant and recording it at the registry of deeds. The court added that the plaintiff must file the petition prior to service or entry of any writ of summons or other pleading.