Crowley v. Davis
California Supreme Court
Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This was an action to perpetually enjoin the execution of a judgment, recovered in the Fourth District Court, by defendant Hendricks, against Daniel Crowley, since deceased, the then husband of the plaintiff, by which judgment a tract of land within the City and County of San Francisco, then and ever since claimed by the plaintiff* to be her homestead, was decreed subject to a lien…
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Appeal from the District Court, Fifteenth Judicial District, City and County of San Francisco. This was an action to perpetually enjoin the execution of a judgment, recovered in the Fourth District Court, by defendant Hendricks, against Daniel Crowley, since deceased, the then husband of the plaintiff, by which judgment a tract of land within the City and County of San Francisco, then and ever since claimed by the plaintiff* to be her homestead, was decreed subject to a lien and ordered to be sold for the payment of a street assessment, ascertained thereby to be due and owing to the plaintiff…
1Opinion of the Court
By the Court, Sprague, J.:
This action was brought in the Fifteenth District Court to perpetually enjoin a sale of certain real estate about to be made under and by virtue of a judgment and decree of the Fourth District Court establishing a lien upon the premises, and ordering the sale of the specific premises to satisfy the same. It is well settled by numerous decisions of this Court, that under our judicial system one Court has no power to enjoin the execution of a decree of another Court of co-ordinate jurisdiction unless it plainly appear that the Court rendering the judgment or decree,…
2Cases cited5 opinions
- Pixley v. HugginsCalifornia Supreme Court · 1860
- Grant v. QuickThe Superior Court of New York City · 1852
- Gorham v. ToomeyCalifornia Supreme Court · 1858
- Hockstacker v. LevyCalifornia Supreme Court · 1858
- Goodale v. ScannellCalifornia Supreme Court · 1857
3Cited by15 opinions
- Brown v. Happy Valley Fruit Growers, Inc.California Supreme Court · 1929
- Plant Insulation Co. v. Fibreboard Corp.California Court of Appeal · 1990
- Waymire v. San Francisco & San Mateo Railway Co.California Supreme Court · 1896
- Wright v. Superior CourtCalifornia Court of Appeal · 1941
- Heine Piano Co. v. BloomerCalifornia Supreme Court · 1920
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