Fulton v. Hanna
California Supreme Court
Petition to the Supreme Court to issue a peremptory writ of mandate, directed to the respondent, John Hanna, County Clerk of the City and County of San Francisco, and ex-officio Clerk of the District Court of the Fourth Judicial District, commanding him forthwith to issue an execution upon a judgment rendered in favor of the petitioner, in the case of Mdton v. Gox and Willcutt.
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Petition to the Supreme Court to issue a peremptory writ of mandate, directed to the respondent, John Hanna, County Clerk of the City and County of San Francisco, and ex-officio Clerk of the District Court of the Fourth Judicial District, commanding him forthwith to issue an execution upon a judgment rendered in favor of the petitioner, in the case of Mdton v. Gox and Willcutt. Defendants had appealed from the said judgment and the appeal had been dismissed for want of prosecution and a remittitur issued and filed below. Pending the appeal from the judgment, defendants moved the Court for a…
1Opinion of the Court
Sprague, J.,
delivered tbe opinion-of tbe Court, Croce-ett, J., and Temple, J., concurring:
At the time petitioner demanded execution upon bis judgment against Cox and "Willcutt of respondent, as tbe Clerk of the Court in which judgment was rendered, there was an appeal pending in tbis Court from an order denying defendant’s motionfora new trial of tbe cause, in which petitioner’s judgment was obtained, on which appeal appellants bad given a full bond to stay execution, as required by Section 349 of tbe Practice Act. I have no doubt tbis appeal operated a stay of an execution upon tbe judgment…
2Cases cited1 opinion
- Goodwin v. GlazerCalifornia Supreme Court · 1858
3Cited by15 opinions
- Sharon v. Sharon, 11991 (Cal. 7-17-1889)California Supreme Court · 1889
- Sharon v. TerryU.S. Circuit Court for the District of Northern California · 1888
- Weldon v. RogersCalifornia Supreme Court · 1908
- Bauder v. TyrrelCalifornia Supreme Court · 1881
- Credits Commutation Co. v. Superior CourtCalifornia Supreme Court · 1903
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