Legal Opinion

Roth v. Insley

California Supreme Court

Decided October 2, 1890No. 13596PublishedCited by 21 opinions

Appeal from an order of the Superior Court of Orange County refusing to dissolve an injunction. The facts are stated in the opinion.

1Opinion of the Court

Foote, C.

This appeal is taken from an order refusing to dissolve an injunction. The defendants had caused an execution to be levied upon the homestead of the plaintiff, issued under a judgment obtained against him in a justice’s court by one H. C. Howard. It is charged in the complaint that the defendant Insley, as constable, has levied upon the property, and is about to sell it under execution, and that the defendant Montgomery applied to the justice of the peace and had the execution issued'without authority; that Insley has been duly notified that the property he has levied upon and…

2Cases cited5 opinions

  1. Pixley v. HugginsCalifornia Supreme Court · 1860
  2. Revalk v. KraemerCalifornia Supreme Court · 1857
  3. Thompson v. SmithCalifornia Supreme Court · 1865
  4. Cohen v. SharpCalifornia Supreme Court · 1872
  5. Los Angeles Water Co. v. Los Angeles CityCalifornia Supreme Court · 1880

3Cited by21 opinions

  1. Holmes v. HolmesSupreme Court of Oklahoma · 1910
  2. Brady v. Superior CourtCalifornia Court of Appeal · 1962
  3. Associated Oil Co. v. MullinCalifornia Court of Appeal · 1930
  4. Union Trust Co. v. CoxSupreme Court of Oklahoma · 1916
  5. Vest v. Superior CourtCalifornia Court of Appeal · 1956

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API