Ex Parte Harker
California Supreme Court
Joseph W. Clark commenced an action in the District Court of the Twelfth Judicial District, City and County of San Francisco, against John W. Harker, Mary A. Harker, George M. Harker, and Duel Harker, and alleged, among other things, that John W. Harker was indebted to him, and that Mary A. Harker had a large amount of the property of said John W., as his fraudulent trustee, to keep the same out of the reach of the plaintiff, and that said John W. and Mary A. designed…
Read the full summary
Joseph W. Clark commenced an action in the District Court of the Twelfth Judicial District, City and County of San Francisco, against John W. Harker, Mary A. Harker, George M. Harker, and Duel Harker, and alleged, among other things, that John W. Harker was indebted to him, and that Mary A. Harker had a large amount of the property of said John W., as his fraudulent trustee, to keep the same out of the reach of the plaintiff, and that said John W. and Mary A. designed quickly to go to parts without this State. Upon the application of the plaintiff, the Court issued the writ of ne exeat,…
1Opinion of the Court
By Wallace, C. J.:
The petitioners were arrested and are now held in custody by the Sheriff by virtue of a writ of ne exeat issued by the District Court.
1. It is provided by section 478 of the Code of Civil Procedure as follows: “Ho person can be arrested in a civil
action, except as prescribed in this Code.” A civil action is an action arising out of (1,) an obligation; or (2,) an injury. (Id. Sec. 25.) The action here, whether to be considered as one at law, or in eqiuty, is therefore a civil action, and by the express provisions of the Code, a defendant in such an action can be arrested only…
2Cited by21 opinions
- People v. Lance W.California Supreme Court · 1985
- Brydonjack v. State BarCalifornia Supreme Court · 1929
- Powers v. City of RichmondCalifornia Supreme Court · 1995
- Garrison v. RourkeCalifornia Supreme Court · 1948
- Leone v. Medical Bd. of Cal.California Supreme Court · 2000
16 more not listed; retrieve them via the Exa API.