Legal Opinion

N. Counties Inv. Tr. v. Cadman

California Supreme Court

Decided January 29, 1894No. 19271PublishedCited by 1 opinion

Appeal from an order denying plaintiff’s motion that the court direct the sheriff to publish notice of sal© under execution in a particular newspaper. The facts are stated in the opinion. The attorney of a judgment creditor has implied authority to direct the sheriff as to the time and manner of enforcing the execution.

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Appeal from an order denying plaintiff’s motion that the court direct the sheriff to publish notice of sal© under execution in a particular newspaper. The facts are stated in the opinion. The attorney of a judgment creditor has implied authority to direct the sheriff as to the time and manner of enforcing the execution. (Willard v. Goodrich, 31 Vt. 597; Gorham v. Gale, 7 Cow. 739; Erwin v. Blake, 8 Pet. 18; Linch v. Commonwealth, 16 Serg. & R. 368; Jenney v. Delesdernier, 20 Me. 183; Webb v. White, 18 Tex. 572; Kimball v. Perry, 15 Vt. 414.) Proceedings under the execution are proceedings in…

1Opinion of the Court

Vanclief, C.—

This appeal is from an order made after judgment denying plaintiff’s motion for an order directing the sheriff to publish notice of sale of real estate on execution, in a certain newspaper selected and designated by the plaintiff’s attorneys.

The record contains no part of the judgment-roll, nor anything to show the nature of the action, the substance of the judgment, or the form or substance of the execution, except that it required the sheriff to sell real property “under a decree and writ rendered and issued herein,” and placed in the sheriff’s hands by plaintiff’s attorneys…

2Cases cited2 opinions

  1. Journal Publishing Co. v. WhitneyCalifornia Supreme Court · 1893
  2. In re Estate of O'SullivanCalifornia Supreme Court · 1890

3Cited by1 opinion

  1. Williams v. ReedCalifornia Court of Appeal · 1919

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