Legal Opinion

McMann v. Superior Court

California Supreme Court

Decided November 8, 1887No. 12329PublishedCited by 5 opinions

Application for a writ of review to the Superior Court of the city and county of San Francisco. The facts are stated in the opinion of the court.

1Opinion of the CourtTemple, J.

J. — This is an application for a writ of review, in which it is sought to have an order vacated which required the petitioner, as sheriff, to refund certain moneys collected upon an execution, which, it is claimed, was void for the reason that the judgment upon which it was issued had ceased to be operative, because it had been entered more than five years. The execution was for costs which accrued in the supreme court. The judgment was rendered here May 3, 1882. The remittitur was issued May 6, 1882, and was filed in the court below May 9,1882. The cost bill was filed May 10, 1882.…

2Cases cited3 opinions

  1. Mayor v. BuchananCalifornia Supreme Court · 1853
  2. McMillan v. RichardsCalifornia Supreme Court · 1859
  3. Kerns v. GravesCalifornia Supreme Court · 1864

3Cited by5 opinions

  1. Hampton v. Superior CourtCalifornia Supreme Court · 1952
  2. Mountain Home Lumber Co. v. SwartwoutIdaho Supreme Court · 1921
  3. Reay v. ButlerCalifornia Supreme Court · 1897
  4. Metropolitan Trust & Savings Bank v. PerryAppellate Court of Illinois · 1915
  5. Hampton v. Superior CourtCalifornia Supreme Court · 1952

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