Legal Opinion

McCoy v. Justice's Court

California Court of Appeal

Decided October 6, 1937No. Civ. 1671PublishedCited by 2 opinions

1Opinion of the CourtBarnard, P. J.

A drug company made a general assignment for the benefit of creditors. The assignee sold the drug store to Paul V. McCoy. A creditor of the drug company obtained a judgment in the Justice’s Court of Santa Ana Township. A writ of execution was levied, the constable taking possession of the drug store then occupied by McCoy, who filed a third party claim. The constable released the property and the judgment-creditor filed a petition in the respondent court asking that title to the property in question be determined. McCoy applied to the superior court for a writ of prohibition preventing the…

2Cases cited1 opinion

  1. Stafford v. GearyCalifornia Court of Appeal · 1933

3Cited by2 opinions

  1. Fulton v. WebbCalifornia Court of Appeal · 1940
  2. Greenberg v. AwesNorth Dakota Supreme Court · 1977

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