Brown v. Ayres
California Supreme Court
Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 28th day of August, 1866, the plaintiff recovered a judgment in said Court against the defendants, for five hundred dollars and costs. Brown, the judgment creditor, immediately assigned the judgment to S. L. Cutter, by an instrument in writing.
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Appeal from the District Court, Twelfth Judicial District, City and County of San Francisco. On the 28th day of August, 1866, the plaintiff recovered a judgment in said Court against the defendants, for five hundred dollars and costs. Brown, the judgment creditor, immediately assigned the judgment to S. L. Cutter, by an instrument in writing. On the same day, but after the assignment, the Constable collected from the defendants the sum of two hundred and eighty-three dollars and sixty-three cents, on an execution in favor of Bill and others, and against Brown. On the 7th of September, 1866,…
1Opinion of the Court
By the Court, Shafter, J.:
The plaintiff recovered a judgment against the defendants for the sum of five hundred dollars and costs, and thereafter assigned it for a valuable consideration to S. L. Cutter. Subsequent to the assignment, and before notice thereof to *528the defendants, they paid the amount of the judgment, less twenty-nine dollars and fifty cents, to the Sheriff of the City and County of San Francisco, who had served a garnishment upon them in Dill et al. v. Brown, and to the Constable of one of the townships in said city and county on an execution held by him for collection in…
2Cited by9 opinions
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