McCoy v. Justice's Court
California Court of Appeal
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
- Stafford v. GearyCalifornia Court of Appeal · 1933
3Cited by2 opinions
- Fulton v. WebbCalifornia Court of Appeal · 1940
- Greenberg v. AwesNorth Dakota Supreme Court · 1977